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'^"i — 





















SEP 12 1916 

To those Individuals who have favoured the Compiler with 
the Contributioiis to which their names are attached, he begs 
leave to tender his sincere thanks. 

Hawick, January 1858. 












ANNALS OP HAWICK, 1183-1814, . . 1 


1726, . . . . . . 41 


BOOKS, 1721-1806, .... 67 


I. The Mote — The Slogan— Auld Hawick — 

The Buttis, . , . , 81 

II. Eablt Notices of the Baeony, . . 89 

III. Notices of the Loyel Family, Founders of the 

Burgh, ..... 93 

IV. Charter of the Barony by King James IV. in 

favour of Sir William Douglas, 1611, . 98 
V. Observations on the Tenure of Urban Tene- 
ments in Hawick, • . . 103 
VI. Charge against the Bailies, 1627, . , 113 
VII. Valuation of the Parish, 1^27, . . 114 
VIII. Proposal to divide Hawick Common, 1672, 120 
IX. Trial of the Bailies, &c., before the Privy Council, 

1673, 122 

X. Petition of the Merchants and Traders of 

Hawick to the Scottish Parliament, 1699, 128 

XI. Statistical Account of the Parish, 1738, . 130 



XII. ABBTRACTof Parliamentary Census, 1861 and 1821, 139 

XIII. Account of Hawick Flood, by an Eye-Witness, 

1767, 141 

XIV. NOTIGBS of the Earlier Ministers of Hawick, 

Wilton, &c., .... 144 

XV. Memorials of the Rev. Robert Biccalton, Mi» 

nisterofHopeklrk, ... 148 

XVI. Memorials of Samuel Charters, D.D., Minister ♦ 

of Wilton, .... 151 
XVII. Memorials of Thomas Hardie, D.D., Minister 

ofAshkirk, .... 163 

XVIII. Memorials of Dr John Leyden, . 165 

XIX. Pedigree of the Family of Douglas of Cavers, 178 

XX. Pedigree of the Eliotts of Stobs, . 184 

XXI. Pedigree of the Family of Minto, . 188 

XXII. Notices of Remarkable Individuals, . 190 


It is stated in the AwnaiB of JSaunek, p. 348, that the Chapel of 
Ease mentioned by Reginald of Durham, as situated on the river 
Slitrig, was probably on the lands of Penchrise. That a religious 
house stood there is affirmed by oral tradition, but the chapel de- 
dicated to St Cuthbert, to which Reginald refers, where miracles 
were perforiped, was within two miles of Hawick, and consequently 
a different house altogether from that at Penchrise. 

Page 325. In the same work, for dykes of Goldielands read 
ditches (" fossas de Goldbankis).*' 


A.D. 1183. 

The period of foundation of Hawick Church is 
unknown, but probably one of the chaplains, 
William and Algar, who witness a charter pre- 
viously to 1183, and John of Hawyk, chaplain, 
who appears in the rolls of Edward III, and 
Bichard II., ministered at the altar of St Mary 
in, this church, — Originea Farochiales^ i. p. 339, 

Henry Level was Lord of Hawick. — See Ap- 
pendix, III* 

Longueville or Langlands is traditionally said 
to have been a pirate, whom Sir William Wal- 
lace encountered and overcame at sea, and whom 
for his bravery Sir William invited to settle in 
Scotland, an offer which was accepted. The 
more trustworthy account of Miss Langlands 
of Hawick, the last of his descendants who bore 
that name, was, that her ancestor came over 
with the Conqueror, a tradition to some ex- 
tent confirmed by their motto, " Bon esperance." 
The armorial ensigns of the family, with thi^ 



additional or separate motto, " Spero," were 
lately visible on a panel over the family's place 
of sepulture in Wilton Church. This was near 
the east end, and probably close to the site of 
the ancient altar, a circumstance indicjatiug the 
antiquity and distinction of the family. * 

The battle of Otterburn, between Douglas and 
Percy, was fought 21st July. — See, in Appendix 
XIX,, Pedigree of the Family of Douglas of Car- 

" In June 1403, the Percies besieged a tower 
named Oocklawis, or Ormiston, and agreed with 
the owner that he should surrender, if not re- 
lieved by the Eegent of Scotland before Lamb- 
mas. Albany, upon receiving this intelligence, 
assembled his council, and asked their opinion 
whether the place should be relieved or no ? All 
the councillors, who knew the Duke's poverty 
of spirit, conceived they were sure to meet his 
wishes when they recommended that the bor*- 
der turret should be abandoned to its fate* 
rather than a battle should be hazarded for its 
jMreservation, The Eegent, well knowing the 
secj»t purpose of the^ Percies, whose forces were 

* la 1451 King James II. granted a charter to John lignglandf 
of the Barony of Wilton and of Langlands Hill, in the county of 
Peebles, on the resignation of his father James. Langlands Hill 
appears to hare been the original seat of the family. — Note t 
t^smd ^ jQluf Scott ChiiMn of Stir^hei qn4 Whiuhauffk, £sq. 


about to be directed against England, took the 
opportunity of swaggering a little. * By Hea- 
ven and St Fillan,' said he, ' I will keep the day 
of appointment before Oocklawis, were there 
none to follow me thither but Peter de Kinbuck, 
who holds my horse yonder/ The council heard 
him with wonder and applause, and it was not 
until they reached Cocklawis with a consider- 
able army, the Scottish nobles learnt that what 
had given this temporary fit of courage to their 
Eegent was the certainty that he could not 
meet Hotspur, of whose death and defeat at 
Shrewsbury they were soon after informed. The 
cowardice of the heart is perhaps better learned 
from a fanfaronade of this kind, than from an 
accidental failure of the nerves in a moment of 
danger. Some proposals made for peace only 
produced a feverish truce of brief duration." — 
Sir Walter Scotfs History ofScotlandy L p. 239. 
This raid was intented by the Percies in eon- 
sequence of Henry IV. having, after the battle 
of Homildon, bestowed upon the Earl of North- 
umberland, this same Sir Henry Percy, all 
Teviotdale, including the whole earldom of 
Douglas and their territories. (Bymer^s Foedera, 
viii p. 289). Oocklaws probably then belonged 
to Gladstains. It certainly did so afterwards.— 
See below in 1674. 

William of Hawick, prebend of Guthrie, — 
Black^a Bistory o/Brechdnf p. 37. 



The baronies of Sprouston, Hawick, Bedrule, 
and Smallhome, were given in free regality to 
William Earl of Douglas- — ParochUUea Origines, 
i. p. 441. 

Master Alexander Murray, parson of Ha- 
wick, was director of the Chancery. — Ih, i. p. 

Master John Prestoune (Hawyc) bachelor in 
decrees and perpetual vicar of Dunlop. — Tb. i 
p. 499. 

King James IV. granted a charter of the 
barony in favour of Sir William Douglas. — See 
it in Appendix^ IV, 

In a letter of Lord Dacre to the Privy Conn* 
oil, dated Kirkoswald, May 17, 1614, he says, 
" He has burnt and destroyed six tymes mor 
townys and houses within the west and mydil 
marches of Scotland in the same season than is 
done to us. For the water of Liddall being xii 
myles of lenth within the middill marches of 
Scotland, whereupon was c*** pleughes : the wa- 
ter of Ludder in the same marches beying vi 
myles of lienth, whereupon was xi pleughes ; 


tte two townys of Carlangrigges, with the de- 
maynes of the same, which was xi plenghes ; 
the water of Ewse beying viii myles of lienth in 
the said marches, wherein wasvii" pleughes ; the 
hede of the water of Tevyote from Branxhelme 
up into Ewse doores within the same marche, 
beying viii myles in lienth, wherein was iiij" 
pleughes ; the water of Borthwike, within the 
same marche, beying in lienth viii myles ; that is 
to say, from Borthwicke mouthe to Craikecrosse, 
wherein was c*^ pleughes ; and the water of Ale, 
from Ashrige to Elmartoure, in the said mid. 
M. S., wherein was L. pleughes, lyes all and 
every of them waist now, and noe come sawne 
upon none of the said grounds, which grounds 
is over and besydes the great rode (raid) that I 
made in the said mid. m^ upon Martilmas day 
last past, the contents whereof I wrote to the 
King^s grace by poost" * 

John Hawick was a priest of Glasgow, and 

It is stated in the Border Exploits that 
Johnnie Armstrong and his adherents were 
strangled by King James V., and according to 
tradition buried in Oarlanrig chapel. 

In that curious metrical " Treatise callit the 
Palice of Honour,, compylit by Mr Gawine 

• Commanieated by th« Rev. James Morton, Holbeaoh, from, ha 
|]iiixik8f a Hjuieian MS. in the British Mnsenm« 


Douglas * there occurs the following passage, — 

**1 saw Raf Colzior witk his thrawn Ihtow, 
Crabbit John ihe-Beify and auld CJow Kewpis sow, 
And how the wran cam out of Ailssay." 

Some commentators conceive that Johnnie 
Armstrong is the person here aUuded to, but 
others, with greater appearance of probability, 
maintain that this " John the Eeif " must have 
been of more ancient date. 

In an inroad of the English, under the Earl 
of Northumberland, they burned the towns of 
of Whichestre, Whichestreholme and Whelley 
(Whitlaw ?), and also a town called Newbig- 
gyns. — Lat/ of (he Last Minstrel^ quoting Cot- 
tonian MS. 

About this period the towns of Denholm and 
Cavers werebumt by Lord Dacre and Sir Kerstiale 
Dacre. Sir Walter Scott of Branxholm, for his 
alleged assistance given to them in 1535, in- 
curred a forfeiture of his estates and dignities, 
against which he was reponed in a parliament 
held in 1542, on which letters were directed for 
publication at the market crosses of Edinburgh, 
Hawick, and other places. (See Acts of the 
Parliament of Scotland, ii. p. 414). Sir Walter 
had come in the King's will, which was just a 
delicate way of pleading guilty. This affair 


ptobably arose out of one of those baronial feuxis- 
then so common. 

The Elliots submitted to England, and gave 
pledges to Lord Wharton. They are only rated 
at 74 men. {BdTs MS> History of Cumberland^ 
and DoJzieVa Fragments.) The Armstrongs 
were a more powerful and numerous clan, who 
also submitted at the same period, and are rated 
at 300 men. 

Queen Mary's journey to Hermitage, byway of. 
Hawick, took place on 16th October. — MortorC9 
Annals, p. 42; Parochiales OrigineSy vol. i. 
p. 379 ; Border Exploits, p. 101 ; see Annals of 
Havnchy p. 330. 

, 1671. 
{Beg, Secreti GonsiU% 1571,^ p. 95.) 
Apud Leith 22 die mensis Februarii, Anno 
Dni J°^v<^lxxj (1571-2). 
The quhilk day Allane Denys, George Max- 
well, Johnnie &50tt, callit Philpis Jok, and 
Robert Scott, indwallers of Hawick, enterit 
pleyers for themselffis and the remanent inha- 
bitants of the town of Hawick, for observation 
of the conditions above written and maid faith, 
and William Ker of Caverton, Kny*, became 
cautioner and souirtie for the saids per^onis to 
enter thame befoir my Lord Eegent's Orace, 


and Lords of Secrete Counsall, upon 15 days 
warning, ilk person under the pane of 500 
merks. (The object of this engagement has not 
been discovered.) 


Apud Edinburgh, quinto Februarii 1574-5. 
c»n. for the men The quhilk day Walter Scott of 

ofHawik. Goldelands, and James Gledstains 
of Oocklaw, is become actit and oblest, conjuct- 
lie and severalie, to enter and present Allan 
Denys, Johne Scot, sone to Philpis Jok, and 
Jhonie Caveris, indwellaris of Hawik, befoir 
my Lord Eegent's Grace and Lordis of Secret 
Gounsal, and ilk of them under the pane of one 
thousand poundis. (Beg. Seer. Coneili% p. 289.) 
This had probably some connection with the 
affair at Beidswire. 

Died Sir James Douglas, superior and grantcr 
of the magna charta of the burgh. — See Appen- 
dix, XXII. 

" H. Carre lycensed unto him a ballad of a 
rade made into Lyddesdale by certain English 
gentlemen of the Phenix (Fenwicks) and others 
against the Elliots for deadly feud, the original 
whereof began by the Elliots beynge Scotts 
(Scotch) at Kyrkeseal in Scotland for c. years 
past." — Begister of Stationers' Company ; Shah- 
speare Sodetj/a vol. for 1849, 



Hugh Boustoun was a notary-ptiblio in 

1623. - 
Alexander Wishart was a notary-public in 

The lands in the parish of Hawick were valued. 
—See Appendix^ VII. 

The Privy Council grant warrant to charge 
the bailies of Hawick to exhibit before His 
Majest/s Chancellor certain persons named, that 
order might he given for their employment in 
the wars. — See Appendix, VI. 

Andrew Sword was a notary-public in Ha- 

Great ignorance is stated to prevail, for which 
the want of schools is assigned as the chief 
cause. — See Appendix, VII. 

There were 800 communicants at the parish 
church. — See Appendix, VII. 

The Supreme Court sustained a sasine of a 
house in Hawick, upon no other warrant than 
a retour, without either a precept out of 


Chancery, or a precept of clare constat from the 
superior.— Case of Scott v. Deans, Morrisoria 
Decieions, p. 6899 ; see Appendix, V, 

The Earle of Queen sberrie grants a discharge 
to the bailies of Hawick for L.52, 10s.' money 
of Scotland, in payment of the third and last 
term's taxation granted to his Majesty in 1630, 
more also of the first, second, and third term's 
payment of the taxation granted to the Lords 
of Session in 1633, imposed upon the L.7 lands 
or particates of the town and commontie. — (See 
the Act 1633, c. 22, imposing this tax.) 

John Kichardson was a notary-public in 

The said day, Thomas Olipher actit himself 
not to weir nor carie ane whingjsr about him 
within the freedom of Hawick for ane yeir to 
cum, under the pane of twentie pundis money. 
r^Oomieil Becerds. 

A debtor was ordained to pay his creditor 6 
dollars at fyftie-aucht shillings the piece. The 
following year these are estimated at 54/ each* 



Isobel Morlaw was decerned to pay Helen 
Deans 24 shillings Scots in satisfaction of 50/ 
promittet to Helen as fee from Whity. 1640 to 
Martinmas thereafter, but assoilzied fra her hois 
and schone. — Council Records. 

The battle of Anldeme was fonght, at which 
Lieutenant Francis Gladstains of Whitelaw was 
slain. — See Appendix, XXII, 

The severe laws enacted at this period by the 
town-council against parties proceeding to dis- 
tant places to shear, are traditionally stated to 
have originated in the belief that they often 
went as far as the fen country, and were thus 
the means of introducing ague into the town. 

Assaults were common ;. the weapons " branke. 
of a naig," " ane chanter," " ane battone," " ane 
tinpyntstope," " ane yaime winnel blaid," "ane 
stalf," " ane rock," "ane nolt home," " ane whin- 
ger," " ane rung," " ane cultar irne," " ano pleugh 
staff/' " ane durke," Ac, — Council Records, 

Ane bed of plantis costs 18 shillings Scots. — 



George Scott was fined L.IO for keeping false 
weights, viz. " Flemes wecht for French wecht" 
^^ouncil Records. 

" Assoilzies Walter Scott, Westport, fra the 
clame persewet be John Scott against him for 
upholding of the thrie barrels of strong waiters 
coft be the said John Scott fra him to be 24 
stoupis, and ilk ane of them wantit 4 stoupis, 
upon the defender's oath given that he never 
upheld nane of them." — lb. 

Walter Mairteen was schoolmaster in Hawick. 

The said day Eobert Hardie being accusit be 
the procurator fiscal for the blaspheming of 
Walter Purdom and James Thorbrand, commis- 
sioners for the totvn of Hautnch at Kelso, and 
calling the council's officers men-sworn lowns, 
was fined L.IO Scots. — lb. 


Margaret Oliver was fined 50/ for calling Isa- 
bell Scott, witchesgait, and saying that she de- 
voored her awine child under her arm, with many 
other malicious words. — lb. 

[It is stated in a late publication (Jejffrey's 
Local Antiquities) that women were burned for 
witchcraft in Jedburgh so recently as towards 


the close of the seventeenth century. Although 
the hailies of Hawick exercised criminal juris- 
diction coextensive with the magistrates of 
royal burghs, including trial by jury, it is to 
their honour that no such atrocities can be laid 
to their charge.] 

Samuel Newbie was ordered to pay 4 mark 
for both-meall (booth rent) quhil Whitsunday, 
and William Scott the same sum for hia booth. 
— Council Records. 

(The place of slaughter and sale was then one 
and the same, and this continued to be the prac- 
tice until after the commencement of the pre- 
sent century). 

William Scott was ordained to pay L.6 for the 
liberty of the burgh, " fourtie shilling being 
deduced for the buttis bigine,** — Ib^ (See Ap* 
pendixy I. 4.) 

Sir William Douglas of Cavers was removed 
from his office of sheriff of Teviotdale (in which 
he stood infeft) for refusing to take the dedans- 
tion which abjured the National Covenant, and 
adhering to the ministers ejected in 1662. His 
widow was in 1682 indicted for being present 
at conventicles, and fined in L,500 sterling, and 
sent to prison, where she was confined during 
some years. The tenants on the estate being 
harassed by arrestments for this debt, and called 


on to pay their rents twice over, petitioned the 
Privy Council for relief, stating that " all onj 
goods consist of a few noute, and sheep, which, 
.titqrough this stormy winter that lay very heavy 
^upon our grounds, axe now reduced to a very 
small number, and if they shall be poinded and 
driven from us, there will be nothing remaining 
for us but what we can have by begging our 
bread in the country."* — See Ladies of the Ccnte- 
nanty and Appendix^ XIX. ; Pedigree of the 
Douglaa Family, 

Messrs Thomas Nicolson and John Gilmuir, 
advocates, were consulted regarding the tenure 
of the burgh, — See Appendix, V. 

- George Scott of Bonraw was bailie-depute of 
the lordship and regality of Hawick. He was 
then residing within the toure of Hawick, com- 
monlie called Drumlanrig's Toure. At the re- 
quest of the bailies of Hawick, he liberates furth 
of the said toure, where they were incarcexat,* 
having been fined of L.10 Scots each,for "ryving 
of others hares," three persons named Bridgs. 
Th^ Bridgs bring'an action before the Supreme 

* In former times our Barons had prisons in their castles, kept 
for the punishment of delinquents within their own jurisdietion. 
The prison in the tower here referred to, now used as a wine-oel- 
lar, still remains ; and, being without yentilation or light, it affords 
tts some means of judging of the nature of imprisonment in these 
da^ of baronial power. 


Court, for reducing this decree, the result of which 
does not appeax. 

William Paisley, cordiner, burgess of Hawick, 
is procurator-fiscal of the jegality court. 

Walter Scott of Harwood, bailie of the rega- 
lity of Hawick, under William Lord Drumlan- 
"rig, craves of the bailies of Hawick the key of 
the tolbuith, that he might hold courts therein 
in his Lordslup's name, as having right thereto 
in ail time coming ; a^gainst which the bailies 
protest ; but declare their readiness to comply, if 
he would first give it in writ under his hand 
that the tolbuith is only to be held simply for 
the holding of courts therein for the time, and 
that they are to pretend no right of property 
therein; of which the said Walter Scott altogid- 
4er refused to accept, affirming him to have no 
commission of said Noble Lord for that effect. — 
Counoil Records. 

Andrew Eutherford, notary-public, was town- 

The council willingly and voltmtarily imposed 
on the town 100 merks Scots, as the first stent 
for sclating and repairing of the Eork of Hawick, 
now ruinovs. 



It is stated in the Annals of Hawick^ that the 
particate* men were accustomed to render ho- 
mage to their superior yearly at Drumlanrig, 
The subjoined letter, lately recovered, confirms 
the tradition. 

Letter, Thc/maa Rutherjurd^ Bailie of the SegoK^ 
lity ofHavmk^ to the Inhabitants ofjiaivich 

'*Jedburghy5 S^**-, 72. 
" Assured Friends, — I have just now received 
ane anser to myn to my Lord, by which his 
Lordship remitts absolutely to me anent the dis- 
pensing with all or any of you whom I think 
expedient in going or not going to his Michael- 
mas heid court at Thomhill, and being verrie 
sensible of the bad condition your comes are in 
at this present, I doe hereby exoner yew and all 
of yew within the town of Hawick from the 
trouble and expenses of this journey, and shall 
frie you from any trouble or expenses you shall 
sustain be your staying from Thomhill at this 

* The term partieau occurs in the Laws of the Four Burghs, the 
legislative acts of David I., and the earliest collected body of the 
laws of Scotland which we possess, where ** unam perticatam terre" 
is rendered " ane rude of land." An old undated statute, intituled 
**The mesur of the rude," bears, "*rhe rude off land in baronyis 
sal conten 6 elne, that is to say, 18 feet off a mydlyn mane ; the 
rude off the land in the burghe, roesurit off a midlyng mane, sal 
be 20 feet"— -4ctt of Fori of Scot,, vol. i. p. 387. 


Michaelmas Court, qch is ^H at present, in 
haist, from 

" Your aflFectionat friend, 

" (Ss.) Tho. Euthebfurd. 

" I wrot the last day from Hawick to Eobert 
AUex', that if my Lord dispensed with your 
journey, he sould not be ane looser, for y* yeu 
wer in use to pay him ther. I assured him of 
it, qch he will refer to yorselflBls/' 

Addressed—" To the inhabitants of Hawick. 
To be communicat from hand to hand. This 
haist haist. The beirer is satisfied." 

Thornhill is the baronial village of Drumlan- 
rig Castle. 

A proposal was made to divide Hawick com- 
mon between Lord Queensberry and the burgh. 
—-See Ajppmdiaf VIIL 

28th October. 

Thomas Eutherfurde, bailie of regality, when 
about to set the fair, is importuned by the two 
bailies not to suffer the drummer and pypper of 
Jedburgh to go through the town for setting 
the fair, but the town drummer and pypper of 
Hawick only, to which he consents. The bailie 
calls the roll, in the churchyard^ of all the townes 
inhabitants for attending the rydeing of the 
fair, and is then attended through th^ town be 
the townes twa bailies, James Lethen the ane 



of the Erles officers, the townes twa officers, 
with the whole body and incorporation of the 
said town of Hawick. 

October 20th (new style 8th November), St 
Simon and St Jude Fair is held, when a riot 
takea place.— See AjDpendix, IX. 

Walter Purdome, late tailie, as having com- 
mission in the necessary absence of Walter and 
William Scotts, the twa present bailies, fines a 
party for not-^Council Becorda. 

James Leithan was procurator-fiscal of the 
regality of Hawick. 

The bailies and other parties were indicted 
before the Privy Council for riot, &c. — See Ap- 
pendix, IX. 

Robert Scott of Horsliehill was charged by 
protest with having masterfully spuilzied out of 
James Liddell's house five firelocks with ane 
pair of bandeliers belonging to the town.»— Gicwm- 
cil Becords. 

John Douglas, in Betherrool milne, was fined 
for forestalling the market by his selling meal 
at twa prices in ane* market day. — lb. 

Hawick: aniv vtBOLD MteMolfeiEs* 19^ 

A party was fined for having sold in open 
market ane half peck of insufficient humillcom 
meill, out of which there was dight ane choppin 
dish full of rouch seids. — Council Records. 

The barony passed from the l)rumlanrig to 
the Buccleuch family. — See Appendix^ II. 

The quilk day, Margaret Weins, her pecke 
being found to the measure of ane double 
gill short of the ordinar gadg of the town ; 
Mary Sanderson, her half-pecke ane mutchkin 
short; John Scott, Wyndheads, and Eobert 
Taylor's half-pecke near ane half-iEburpitt short ; 
Alexander Hislop and Adam Young's half- 
peckre ane inch short or thereby; Sanders 
Weins' half-pecke about half ane inch short, 
being exactly tried, compaired, and measured 
with the ordinar gadg, by James Liddell, in 
presence of divers and sundry witnesses. Upon 
complaint given in not only by the tacksman of 
the Duke's measures for making use of other 
meaisutes besides his, but also by ane great 
number of poor people, both in town and land- 
ward, who daily cried out anent the insufficiency 
of the same, the hail forenamed persons were 
therefore onlawed, conform to the practic of said 
town, and said measures ordained to be seques- 


trate till 29th of May, and then taken to the 
cross and brant altogidden* 

The quhilk day, James Henderson, in Borth- 
"wickshiels, was amerciate and onlawed conform 
to the acts, for committing of ane ryott upon 
Margaret Scott, goodwife of Coudhouse, and 
that in regard the procurator-fiscal referred the 
verity of the libel anent the ryott to Margaret 
Scott's oath, who being sworn, made faith he 
gave her a blow foragainst the heart. — Council 

The said day, James Henderson, in Langsyn-* 
towne, and James Henderson, his son, were each 
of them onlawed and amerciate, conform to the 
acts, &c. ; old James for coming and forcing 
of the tolbooth of Hawick, by endeavouring 
violently to take away his son James out of the 
said prison, in which he was incarcerate for the 
foresaid ryott, and his committing of ane ryott 
upon above twenty persons, whereof the baylyea 
and clarke wer a part ; and also the said James 
Henderson younger was onlawed for his con- 
currence and assistance. — Ih 

The quhilk day, Samuel Newbye was onlawed 

# It 18 probable that a day towards the end of May (see AwnaU of 
Hawick^ under date 1214) was set apart by the burghers for paying 
honours to their tutelary saint, to which oould be hooked on any other 
publio oeremonials, such as the oommon riding or the present affair, 
one airing of their holiday suits thus answering the purposes of 


and amerciate in two ryotts upon Andrew 
Trumble and Andrew Wilsone, masons, as also 
in L.IO Scots, for casting downe the mason 
work at his own hand without ane complaint 
first made to the bailies thereof. 

The quhilk day, the weights of the persons 
respectively under written, being by the baylyeas 
put to ane exact trial, at the sight of James 
Liddell and Walter Gladstaiiis, merchands, were 
found lighter each of them as follows, viz., 
James Scott Laird's quarter of ane pound wanted 
ane drop, his twa unce wanted half a drop and 
more ; William Trumble, in Jedburgh, his quar- 
ter of ane pound wanted half ane drop ; Janet 
Bumes' quarter of ane pound wanted ane drop 
and a half, and her twa unce wanted half ane 
drop ; John Trumble's quarter wanted ane drop ; 
Stephen Oliver's daughter's quarter of ane pound 
wajited twa drop, and her twa imce wanted ane 
drop ; in respect of all which they were all of 
them accordingly onlawed. — Council Records. 

The quhilk day, Isabel Stuart and Janet 
Holywell was onlawed and amerciate for ane ryott 
with each other, and the said Janet Holywell in 
ane provocation for taking of her stand, a»6 
flaich being laid there be/ore. — lb. 

The said day, Janet Henderson was cited for 
scandalizing and taking away the good name of 


John Moore, servant to Walter Scott of West^ 
port, by alleging of his taking or stealing of ane 
pair of plaiding hose off some thorns, which she 
could not make out,— ObtmciZ Records: 

The quhilk day, anent the complaint given 
in by W"^ Finlaw, shoemaker in Selkirk, against 
Margaret Mertein in Barnknow, for the steal- 
ling and theftuously away taken out of his^ 
craime in open market ane pair of single soled 
shoes. Compeared the said Margaret Mertein, 
and confest ingenuously that she did come to 
his craime, and away tooke the said shoes 
and had them beneath her plaid when he fol- 
lowed and came and challenged her, but ailegit 
it was with ane resolution after she had shewn 
them to some friends, who were not far off at 
the time, to come back with the same ; where- 
upon the baylyea did examine her, if before she 
took them away she either made price with the 
pursuer, or askit his liberty to goe that lenth 
with them? which she also ingenuously ac- 
knowledged she did not. In respect whereof 
the said baylyea found her guyltie of the fore^- 
said crymoi and onlawes her to be punished in 
her person and goods, 

John Glume, barber in Hawick, is named as 
one of those who were present at conventicles, 
&c. — (Ladies of the Gotienant, p* 318,) 


Robert Allan, cordiner ; William and Henry- 
Hardies, and John Scott, Whiteyetts, were all 
summoned for throwing of stones over the water 
of Teviott, whereby they did not only wound 
and bleed under cloud of night Elspeth Scott, 
servitrix to baylyea Scott, Ormeetowne, and 
Isabel Hardie, daughter to Robert Hardie, cou- 
per ; but also to the said baylyea, his great hurt 
and prejudice, did, by the throwing of the said 
stones, not only feare the maids from watching 
of their linen clothes was lying bleaching a4; the 
water, as use is, but also rendered them and the 
other clothes pertaining to James Bryden alte- 
gider useless, to the loss and damage of L.lOO 
Scots ; and not compearing, are onlawed in L.10 
Scots for their contumacy, and ordained to be 
summoned sub periculo to the next court day, 
and to be charged instantly to make payment 
of their fine and onlaw, except John Scott,, 
whom the baylyea excused in respect of his 
confession and cominginwill. — Council Becorda. 

The quhilk day, Adam Brown younger, weiver, 
called of Headhous, was amerciate in ane egre- 
gious and the most insolent degree of all de- 
grees of insolence and contempt done against 
the bailies when sitting in ane fenced court, 
after that he had broken prison before and dis- 
obeyed the baylyea when commanded to re-enter 
the said prison, he most insolentlie broke the 
said prison of new again, in face of fenced court. 


aDd drew to the tolbooth door at his backe, and 
ranne up and down the town, and without the 
liberties thereof, more like ane mad and dis- 
tracted man than a reasonable person, who had 
solemnly made and given his burgess oath, and 
therefore onlaws him in L.20 Scots, and to ly in 
stocks during the baylyeas will and pleasure. — 
Council Records. 

The said day, John Briggs, flesher, was^amer- 
ciate for' giving two provocations, one against 
William Pasley, and the other agaiust Michael 
Trumble, by calling of them two drunken elders. 

The quhilk day, Francis Gladstains, wright, 
was onlawed in ane ryott committed by him 
nponbaylyea Thorbrand, as also in ane spuylyea, 
in violentlie taking 4 diies on the street, which 
the baylyea had first caught — lb. 

The bailies found by the Supreme Court 
" competent, though only jvdices pedaneioidi,h2if 
rony," to fine the weavers for working linen cloth 
narrower than an ell and two inches, in contra- 
vention of the Statute 1661, cap. 43. The wea- 
vers, who are stated to have been 19 in number, 
had been each fined L.20 Scots, and imprisoned 
for their contumacy in not deponing, and till 
they should pay their fine. — See FountainhalVs 


WiUiam Scott of Clarilaw was chamberlain 
to the Duke and Duchess of Buccleuch. 

A party was fined in ane spuylyea for ab- 
stracting and resetting of lyme from the Church 
Styll building. — Council Becords. 

The " Incorporation of Merchants" did send 
" till Holand, buy and from thence bring home 
to the toune ane Holland brasen trone, to be ane 
true and just standard for the trial of their 
weights amongst themselves," and also " ane 
just and true standard, for ane elwand after the 
form of any other standart, vizt., to be made of 
iron jumpt after the length of the standart el- 
wand of the town and burgh of Jedburgh for 
tryell of the ellwands." — lb, 


Thomas OUffer complained of having been as- 
saulted "in the common Heigh Street of Ha- 
wicke, when he was bringing inheather for use of 
the said towne." — lb. [Heather was used for 
fuel. Even subsequent to the commencement of 
the present century this practice was followed, 
bims (burnt heather) being the name given to 
the material. 


Mr John Langlands, the Episcopal minister 


of Hawick, was deprived of his living. — See 
Appendix, XIV. 

Marion Wricht was ordained to pay for 10 
ells of sheets woven in the Holland retd, 5 groats 
the elL — Council Records. 

" James Logane, merchant, sometime in- 
dweller in Kirkpatrick parish, upon the Water of 
Ore in Galloway, has incorporat himself within 
this town and hmgh, and has found Walter 
Graham, merchand, acted as cautioner for him 
to nnderly all stents, burdens, and impositions 
to be laid upon him as burgess, in respect where- 
of he was admitted and created burgess." — lb. 

William Rutherford was elected interim town- 
clerk. — lb. 

The Scottish Parliament appointed two yearly 
fairs to be held at Denholm on 16th June and 
5th November, each to continue for 8 days- — 
Acta of Parliament, voL x., p. 110* 

Margaret Drummond was convicted of steal- 
ing " buskins," " ane woman's head-dress called 
ane sett out," " ane feathered laced napkin," 
some ells of litted stuflF," " ane stuff petticoat 
which James Scott, litstor, or his son, dyed;" 


" ane laced pinner,^ " ane brass chandler/* " and 
ane sugger loaff of three pound weight." — Coun- 
cil Records. 

" Robert Scott, late chamberlain to Hey- 
chesters."— JJ. 

Robert Tinlin, weaver, was fined for publicly, 
in the face of the haill incorporation of weavers, 
giving John Swan, present quartermaster, ane 
lie, and farther fined when personally charged 
by Robert Rewcastle, present bailie, and his 
officer at his backe, to goe to prison, when he 
most insolently and contumaciously disobeyed, 
and wold not stirr ane foot. — lb. 

The said day, being within the Tolbooth, com- 
peared the said James Deans, and there for 
hunself, and also in name and behalf of the above 
designed James Scott, Robert Wright, and Wal- 
terGladstaines, protested that seeing, conform to 
the mutual transaction and agreement made at 
Edinburgh in presence and by the advice of the 
trustees and commissioners of the Duchess of 
Buccleuch, her Grace, there was ane vacancy 
and interregnum of the office of bailiary until 
ane new election to be chosen by persons already 
qualified, and who would to have ane vote qua- 
lify themselves, which was appointed to be upon 
the seventh of December instant, that until then 
the said Robert Rewcastle was no bailie, nor 
could officiate as such, nor yet convene ane 
council to any intent or purpose whatsomeover, 


and so consequently whatever he or they did 
vote, act, statute, or ordain, was ipso facto null 
and invalid, and ineffectual, and thereupon took 
instruments, — Council Records. [This transac- 
tion and agreement has not been discovered. 
The authority of the superior must at that 
time have been great, since he could apparently 
re-erect a disfranchised burgh.] 

The Scottish Parliament appointed a market 
to be kept upon Wednesday weekly at Den- 
holm. — Acts of Parliament^ vol. x., p. 164. 

In the year 1692, the burghs royal of Scot- 
land adopted certain measures, which had for 
their object to communicate to the burghs of 
regality and barony throughout the kingdom, 
the benefit of their exclusive privileges of trade, 
upon condition of being relieved of a tenth part 
of their usual proportion of public taxation. 
These measures were approved of by Parliament 
in 1693 and 1698. — See Appendix^ X. 

To the list of landed proprietors given in the 
Anruils of Hawick^ p. 59, may be added — 

''- Walter Scott of Gimewood (1628). 
John Scott of Gilmanscleuch (1628). 
Walter Scott of Howpasley (1507). 
Scott of Sallenside. 
Scott of Essenside. 


" Scott of Ashkirk- 

of Milsington. 

Eobert Scott of Haining (1596). 
Scott of Todshaw. 

Eobert Scott of Eankelbum (1415). 

Symon Scott of Fenwick (1530). 

Walter Scott of Cockerheugh (1723). 

John Scott of Todshawhaugh and Langhope 

David Scott of Headshaw (1486). 

Eobert Scott of Quhitslaid (1643). 

James Scott younger of Whitefield (1735). 

Eobert Scott of Dryhope (1640). 

Gideon Scott of Utterside (1693). 

Walter Scott of Weins (1688). 

William Douglas of Homyshole (1494).'' — 
See Orig. Par., vol. i., p. 237 ; Statutes 1640 and 
1693; and Acta Bom. Concilii. 

Jedburgh, 10th June 1701, parishes given oflf 
for Hawick's reliefe of ye unfrie trade : Hop- 
kirk, Souden, Castleton, Cavers, Kirkton, Abbot- 
rule, Bedrule ; landwart fra Hawick : Wiltoun, 
Hassendean, or Eoberton. The quilk day ye 
representatives for Kelso and Hawick having 
met, they unanimously agree that Hawick have 
ye ten parishes above written, and Kelso and ye 
oyr town conforme to the sederunt of this date. 
(Signed) Eobt. Hardib, Walter Scott, A. 
PoTTS {Town Glerk), — Council Records; see 
Appendix, X. 


John Watson was clerk to the bailie of re- 


At Hawick Moor the Highlanders mutinied, 
and positively refused to enter England.— jBtir- 
ton's History o/ScoUand. 

Eobert Portous, shoemaker, was onlawed, 
conform to act of Parliament, for swearing by 
the name of Gk>d extrajudicially in ane lawful 
fenced court, when not required thereto. — 
Council Records. 

David Miller was onlawed in ten groats, for 
calling Isobel Anderson ane liar in the fenced 
court. — lb. 

At Stob's Castle, near Hawick, the seat of 
his father Sir Gilbert, was bom Greorge Augus- 
tus Eliott, created Lord Heathfield, a distin- 
guished soldier. He died in 1790. — See Appen- 
dia, XX. 

The kirk-session proposed to have the church 
enlarged, and also that the churchyard should 
be closed about with a dike. The churchyard 
was not actually enclosed, however, until about 
the year 1811, 



At Minto, was bom Miss Jane Elliot, daugh- 
ter of Sir Gilbert EUiot, Lord Justice-Clerk, 
authoress of " The Flowers of the Forest." She 
survived till after the commencement of the 
following century, — See Appendix^ XXL 

Bobert Howxson was bailie-depute of the re- 
gality of Hawick. In 1740 Walter Scott held 
that office. 

Mention is made in the Burgh Eecords of thai 
part of the common called Uswoh Haugh. This 
seems to have been on the banks of Slitrig, 
close to the town, and now probably forms the 
site of the Episcopal Chapel. Ueuch^ perhaps 
useless — or " To ische, to clear — To cause to 
issue.'' '' An maisser (officer) shall isclit the 
council-house (Acts James V., c. 50), i.c., clear 
-it by putting out all who have no business,'' 
(Jamieaofia Dictionary^ v. Ische, see also v. 
Usche.) In 1589 the town-council of Q-lasgow 
ordained that '* na flesheouris teme uschavis (de- 
posit offal) upoun the hiegait, nor in the meill 
or flesche mercattis." 

'' Inventory of some baggage seized in the 
town-house of Hawick this 25th November, 
1745, by a party of militia fronj Berwick, in 


virtue of an order from General Fleming: — 
ImprimiSy Two bags of tent-pins, five targets ; 
Item, 110 canteens, or white iron flasks : item, 
11 tents fumisht." Rect. granted to the bailies 
therefor, by John Trotter, lieutenant of the 
Berwick regiment. 

April. Died Francis Duke of Buccleuch, who 
was succeeded by his grandson, Duke Henry. 


The carpet manufacture was established at 
Hawick in this year, the inkle manufacture in 
1783, and the manufacture of cloth in 1787; 
but these branches ultimately merged in that of 
the stocking manufacture, which was begun in 
1771. The person who first engaged in it was 
Bailie John Hardie, who for some time employed 
four looms, which on an average produced an- 
nually about 2400 pairs of stockings, mostly of the 
coarser kind. He is understood to have been the 
firstmanufacturer of stockingslnthispartof Scot- 
land ; and by persons taught in his shop the manu- 
facture was planted in Wooler, Kelso, Jedburgh, 
Langholm, Melrose, Selkirk, and other places. In 
consequence of family distress, Mr Hardie aban- 
doned the trade after carrying it on for two years, 
when it was taken up by Mr John Nixon. (Ooze- 
teer of Scotland, byK. and W. Chambers, 1832.) 
In 1778 Lord Chief Baron Montgomery thus 
addressed the magistrates of Hawick, from his 


house at Whim: "Grentlemen, — The good offices 
you allude to, merited no such present as you 
have sent me. But as it is the manufacture of 
your town, I accept of it cheerfully ; and I can 
assure you it gives me great pleasure to see that 
your manufacture- of carpets is so far advanced* 
I did not know that any carpets of such a sizCj 
without a seam, had been made in this countiy. 
** I am now building a dining-room here, the 
floor of which I hope your carpet will fit ; and 
I will always be glad to see any of the gentle- 
men of your town at my table, sitting upon it. 
I am, with great esteem," &c. &c. See below, 

At Hawick died Robert Scott, surgeon (it is 
believed Laird of Brieryhill), 14th in descent 
from the Baron of Buccleuch.* 

Henry Scott, a native of Hawick, greatly dis- 
tinguished himself at Quebec. — See Ajopendix^ 
XXII. 4. 

Wilton church was rebuilt. 

* It was here intended to hare inserted the pedigree of the fa- 
mily of Scott of Stokoe or Todderiok, an interesting tract which 
had become extremely rare. This, however, has now become unne- 
cessary, in consequence of its recent republication by Mr J. Q. 
Bell, publisher, Bedford Street, Covent Garden. 



When the parish church of Hawick was re- 
built at this period, the south front-wall was 
found to interfere at one spot with the place of 
sepulture, for two centuries subsequent to 1443, 
of the Scotts of Branxholm. To obviate this 
difficulty, an arch was formed in the wall, which 
is still visible, termed the Duke's Arch, the po- 
sition of which indicates the probable site of the 
altar in the old church. — See Ajppendtx, XI. 

A great flood occurred in the Slitrig* — See 
Appendix^ XIII. 

1769. _ . 
Died Mr Robert Ricalton, minister of Hope- 
kirk, an eminent divine. — See Appendix^ XV. 

The number of houses in the town of Hawick, 
belonging to burgesses, amounted to 206, which 
produced, of yearly rent, L.1537, 68. 6d. sterling, 
valued at L.31,134 sterling, which were distri- 
buted thus : — 

"Eastend, 96' . • L.17,773 
Westend, 110 . . 13,361 


Correct Annals of Hawick in this particular, 
imder date 1774. 



Dr Charters was translated from Eincardine 
to Wilton. — See AppendiXy XVI* 

Finlay M'Lennan was Episcopal minister of 
a congregation at Hawick- — Parish JBegister, 


The grammar school colour was, about this 
date, carried for the last time at the common 
riding. This pennon is still preserved. — See 
Appendix, XXII. 6. 

About this period the practice of riding the 
common holstered was discontinued. 

About this period John Webster, a suicidej 
was interred at the Dimples, where three lairda' 
lands meet. 

'^ It has pleased God to reward the distin-* 
guished industry of the people in this place with 
remarkable success." — ^Address to the congrega- 
tion in Hawick church, by the Bev. Dr Thomas 
Somerville of Jedburgh, at the admission of Mr 
Sharp,in September 1784. It is added in a note : 
" Various branches of manufacture were at this 
time flourishing inHawick.''— See DrSomerviUe's 
Sermons, 1813. 



" The town of Hawick is in itself a very 
middling place, but its situation and its sur- 
rounding beauties are enchanting. Its bridges, 
and its views, from almost every part of it, are 
picturesque and highly gratifying to those who 
love nature in its true simplicity. Lord Napier's 
house and woods, seen through the arch of the 
bridge over the Teviot, are well worth a wet 
walk, which I had to get a view of them. 

" The town of Hawick is old and shabby, at 
least that part of it which a short half-hour 
of cessation of rain gave me an opportunity of 
seeing. I walked over the bridges, and below 
them to the water's edge, and into the church- 
"yard. Curiosity soon collected a small group 
about me, and I was somewhat mortified to find 
their language unintelligible to me ; I learnt, 
however, there was a manufactory in the town 
of carpets, &c., but could not acquire a know- 
ledge of particulars- Here I was confirmed in 
what I had often before observed, — that those 
who find they cannot be understood, immediately 
conclude the person spoken to must be deaf- 
Some young lads passing through the church- 
yard at Hawick whilst I was in it, with dogs, 
and some strange-looking things on their backs, 
I inquired what they were, and what they were 
going to do with them ; but their language to 
me was as Arabic. On my shaking my head as 
a token of not understanding them, they began 
screaming in the highest note of their voices, 


taking me, I suppose, for a deaf woman ; and at 
last we separated, laughing at our inability of 
understanding each other." — Chiide to the Seat^ 
ties of Scotland, by the Hon. Mrs Murray of 
Kensington. Date of journey 1785, published 
at London 1799. 

Died James Wintrope, writer in Hawick, the 
last of the cocked hats. He was author of a 
Dialogue between Two Burghers regarding the 
ejection from his living of the Kev. Mr WiUiam-* 
son, Burgher minister, East Bank, Hawick, now 
a very rare pamphlet. 

A tree to liberty was planted at the Cross. 

Prior to this period the town was without a 
female dressmaker, ladies' dresses being mani- 
pulated by the tailors, 

About this period died William Nicol, called 
Empistols, by trade a tailor. His wages as whip- 
the-cat, were sixpence per day. He was uncle 
of " Willie brewed a peck o* maut," in Bums' 
well-known song. 

Died Bailie John Hardy, father of the manu- 
factures of Hawick. — See Appendix, XXII. 


At Bankend in Dumfriesshire, died Bobert 
Patterson, alias Old Mortality, aged 6& He 
was bom at Haggieshall, aluzs Bomflat, of which 
the family were proprietors in 1712, and was 
the younger son of Walter Patterson, The pro- 
perty seems to have been in the family in 1688, 
and was sold by his nephew, William Paterson, 
in 1753. It was described by Mr James Oliver, 
the late proprietor, as having been '' ane nonrice 
fee." — See an interesting sketch of Bobert in the 
Introduction to Old Mortality, since corrected, 
as above, by his two grandsons, who reside at 
Balmaillend in New Galloway- 

The burgh-officers were prohibited from being 
present during the deliberations of the town- 
council. — CouTidl Reoorda; see Appendix, 
XXII, 8. 

About this period there was only one native 
of Ireland resident in the town, who, when 
teazed by boys, was accustomed to threaten to 
tear their limbs from their bodies. 

A cairn which had long stood on the Auld 
Caknow, about two miles distant from the town, 
was removed. " At the depth of 6 or 8 feet 
from the surface of the ground there were seve- 
ral large stones set on edge^ somewhat in form 


of a rude coffin, and inclosing a human skull, 
with several bones of more than ordinary size. 
It being well known that the Celtic tribes were 
in the practice of adopting this mode of sepul- 
ture, at least with persons of note, it is highly 
probable that these were the remains of one of 
their distinguished chiefs. Sepulchral urns 
have likewise been dug up in the upper district 
of the parish, which, though considered to be 
Eoman, ar^ more likely, from their rude con- 
struction, to be the relics of a more barbarous 
and less enlightened ^people." — Statiatioal Ac* 
count of Hatoidc^ hy the Bev. J. A. WaUaces 

At Ashkirk, died Thomas Hardie, D.D., mi- 
nister of that parish. — See Appendix, XVII. 

At Batavia, Island of Java, died Dr John 
Leyden.— See Appendix, XVIII. 

A contest occurred for the representation of 
the county of Eoxburgh ; the candidates being 
the Honourable Gilbert Elliot of Minto and Mr 
Alexander Don of Newton, when the former was 
elected by a majority of 65 to 58. There were 
at this period only two freeholders in Hawick. 

Died Sir Gilbert Elliot, first Earl Minto, 


characterized by Sir Walter Scott, in his Life of 
Leyden, as a man of letters and a poet. He 
was also the zealous patron of men of genius. — 
See Life of Leyden hy Morton^ and of Gamp* 
hell, hy BecUtie^ and Quarterly Beview for Jv/ne 
1852, p. 265 ; Appendix, XXI. 

About this period died at Hawick two lone 
sisters, named Marjory and Isobel Hume, desig- 
nated the Trantiea, rather more intelligent than 
their neighbours in a similar humble condition 
of life. " Tranty, wise and forward above their 
age, spoken of children." {Orosia Provincial 
Glossary.) It may be safely affirmed that this 
phrase is now obsolete here. 



EXCERPTS THEREFROM 1700-1704, and 

N.B. — ^Scots money is meant where not other- 
wise stated. 

The 29th of August was kept as a day of so- 
lemn fasting and prayer for a good harvest, and 
success to the African trade ; collection, L.8, 2s. 

Item, Gideon Scott of Falnash did, in the 
name of the Duchess of Buckleugh, give in for 
the relief of the poor L.lOO, which was justly 
distribute among them. 

Given in by John Waugh in SlatehiUs, after 
the death and burial of his son William, L.33, 

• This session-book, which had been long lost sight of, has lately 
been reooTCMred in Edinburgh. 



6s. 8d. ; and by James Ogilvy in Branxholm, 
after the death and burial of his daughter Jane, 
two dollars, with which, according to their de- 
sires, were bought Bibles, New Testaments, 
Psalm-books, and Catechisms, to be distributed 
among the poor in the parish. 

Given to Mr John Purdom, schoolmaster, as 
the school wages due to him for teaching poor 
boyes, reckoning 13s. 4d. 'for each of them in 
the quarter, L.3, 4s. Od. Similar entries fre- 
quently occur. 

The session allowed Christian, Cate, and Iso- 
bell Weellands, to fix a footgang for themselves 
to sit on before the elders' seat. 

Given to Eobert Cook in Branxholm for 
teaching poor lads to read, L.3, 10s. 

Item, collected for the harboury of Banff, 
L.6, 9s. 

Gideon Scott of Fanesh and others, were ap- 
pointed to go with the minister to the presby- 
tery of Jedburgh, to give in reasons against the 
legality of the call of Kelso, and to do all and 
everything necessary for obstructing his (Mr 
Orrok's) transportation to Kelso. Thereafter, 
they reported that they went thither, and be- 
cause the presbytery did not sustain but reject 
their reasons, they appealed from them to the 


synod, to meet at Kelso, wherewith the session 
were satisfied. 

Mr Walter Gladstones, town-clerk, being de- 
lated for customary drunkenness, and particu- 
larly for being drunk at the burial of WiUiam 
Grieve in Commonside, and using expressions 
savouring of blasphemy in his drunkenness, was 
cited to appear this day, but did not compear. 

* * * ♦ » 

Thereafter, being called before the session, 
he acknowledged that he was guilty of drunken- 
ness and swearing, and promised, by God's grace, 
to walk soberly in time coining, and to endea- 
vour, in his station, to suppress drunkenness and 
other disorders in this place. 

The session allowed the minister to give, in 
their name, a testimonial to William Eichardson 
and William Davidson, recommending them to 
the masters of the College of Edinburgh, where 
they are to enter Bajons.* 

Walter Gls^dstains, late bailie, being delated 
for being drunk, denied guilt. * * * 

Thereafter, he confest that he had been too 
often drunk in his time ; and the evil of his sin 

• French — btyaune, A novice, an apprentice, a young beginner 
in any science, art« or trade. (JtmUeton** Scottish Dietumaty, 
%rtiole; Bejan CUua,) 


being laid before him, he promised to live so- 
berly in time coming. 

This day the minister intimated a fast to be 
kept on Thursday next, to the end that prayer 
and supplication may be made to God for the 
peace of Europe, the healing of the breaches 
which are in the Church and state, the success 
of the Grospel, the enlargement of Christ's king- 
dom, and a plentiful and seasonable harvest. 

The session desired the minister to shew to 
the people that it was a thing unbecoming 
Christians to haunt or frequent change-houses, 
and that all sober people should be at their own 
houses before nine o'clock. 

This day, an act of Council for a voluntary 
contribution for the relieving Thomas Heagie, 
and three others, taken and detained captives by 
Algerine pirates, being publicly read, the mi- 
nister exhorted the congregation to extend their 
charity for that effect the next Lord's Day. 

N^. — ^Collected therefor, L.14s, 13s. 

18th October, the sacrament of the Lord's 
Supper was celebrated, and the Saturday, Sab- 
bath day, and Monday's collections extended to 
L.56,12s. ♦ * * ♦ 

November 22, it was L.3, 3s. Given to Wil- 
liam Davidson, a poor scholar, L.5, 16s. * 
* * * Given to the presby- 


tery bursar, L.6 * * * : 

Item, to an honest family, L.6. 

John Hart being cited to compear before the 
session for making a pennybryddall at his daugh» 
ter Christian's marriage, which ended in scold* 
ing and fliteing, and was accompanied with se- 
veral other disorders, though he was again and 
again desired to forbear, because such meetings 
had not only been laid aside this twelve months, 
bygone, for the manifold abuses and disorders 
that followed upon them, but were also contrary 
to the Acts of Assembly and laws of the king- 
dom; and being called, he compeared, and upon 
his knees acknowledged his guilt and prof est his 
sorrow for what he had done, and prayer was 
made to God for him to grant him repentance 
and pardon for what he had done, tending to 
revive the cursed custom of pennybryddalls, and 
that God would give him grace to be watchful 
in time coming. The session suspended him 
from the office of an elder till they saw what his 
after carriage proved to be. 

The session appointed a meeting for enquiring 
after the scolding and flyteing that was at Wil- 
liam Olifer and Christian Hart, their marriage 
feast and in/are.* 

* The entertainment made for the reception of a bride in the 
bridegroom's house. {Jamiiea<m*» JHetionary, article It^are.) 


In June there were distributed among the 
poor, L.7, 2s. 6d. ; in July, L.12, 4s. 6d. ; Au^ 
gust and September, L.14, 15s; October and 
November, L.87, 3s. 

A collection appointed for the relief of Ste- 
phen TumbuU in Branxholm and his numerous 
family of motherless children. 

-ar.5.— Collected L.15. 

Stephen Tumbull and Bessie Cou tart, inBranx- 
holme, compeared not, being called as witnesses, 
but the elders excused their absence because 
the water was not paaaahh. [There was then 
apparently no bridge]. 

The session, the better to prevent tippling and 
excessive drinking, which was contrary to the 
Word of God, beget poverty, and are attended 
with babbling, and often end in fighting, and 
indispose men for all the duties of their general 
and particular calling, discharge all persons 
whatsomever to press or tempt any man to go 
to a change-house to drink, or to force any man, 
upon any occasion whatsomever, to drink more 
than he pleases, and that under the pain of 
being rebuked for the first fault before the 
session ; and, for the second, before the whole 
congregation, and ordain such as prove obsti- 
nate to be proceeded against with the censures of 
the Church, The session have ratified and con- 
firmed, and hereby ratify and confirm, the for* 


mer acts made against drankards and the haunt- 
ers of change-houses after ten o'clock at nighty 
and the change-houses that reset them after the 
foresaid time. 

The collection gathered this day, to help to 
repair St Leonard's College, in the University of 
St Andrews, burnt by a casual fire, extended to 
L.17, 9s. 

May 7th, collected in the Church for ransom- 
ing ane John Thomson from slavery in Algiers, 
who had an act of Council in his favour, L.16, 6s. ' 

The session desired the minister to exhort 
the people, the next Lord's day, to forbear to 
mock (Jod and the poor by casting into the 
offering dyts or any other money that is not 

Item, paid to Mr Samuel Brown, bursar, for 
his year's bursary, L.6. 

The session desire the bailies to take the 
doyts, put up in a bag, and sell them to the best 
advantage, and return the price thereof to the 
poor's box again. 

No sermon, October 7th, and the people re- 


sorted to Wilton, where the sacrament of the 
Supper of our Lord was administered. 

The 20th day of January, a proclamation was 
read for keeping a fast-day, on Fryday the 25th 
day of the month, for good success to Her Ma- 
jesty's and the allies* forces, both by sea and 
land, and for the happie issue to these bypast 
bloody wars, and for a happy conclusion of the 

There was found among the poor^s funds a 
crown piece, consigned by Archibald Bennet of 
Chesters, before his marriage, in 1708, with 
Eebecca Langlands. « « * * 

["Chesters' crown piece" is mentioned re- 
peatedly afterwards.] 

Delivered to Bailie Martin, in name of Thomas 
Anderson, for teaching poor lasses, L.4. 

Nota. — There was left in a bagg within the 
box, an half duccatoon, a five-groat piece, an 
old bad shilling, ane old fourteen, two seven 
shilling pieces, two old three shilling pieces, 
and of non-current money, L.l, 7s. 

June 4th. — ^According to intimation made, the 
brethren of the presbytery, viz., Mr Mackay, 
minister of Jedburgh, Mr Cowden of Oxenholm, 
Mr Noble of Eckford, Mr Gustarth of Orelin, 


Mr Edgar of Hobkirk, Mr Cranstoun of An- 
crum, Mr Eichie of Mynto, Mr Bell of Cavers, 
Mr Douglass of Kirktoun, mett and before ser- 
mon (made by the said Mr Gustarth), the pres- 
bytery oflScer, after three oyesses, ordered all 
persons att the most patent kirk door imme- 
diately to appear before the aforenamed brethren, 
to give in their reasons (if they had anie) to 
object why Mr Cunningam might not be ad- 
mitted and this day fixed minister of the parish 
of Hawick. Thereafter, no person appearing, 
they proceeded according to the usual order. 

Walter Olifer, Ac, were ordered to perlustrate 
the toun, to see who were drinking in ale-houses 
after 8 at night. 

This day Mr John Purdom gave in ane ac- 
count for teaching seven poor objects, and other 
three in the end of the account are set doun, 
whom he learned gratis. 

This day y® minister did intimate from y* pul- 
pit, that none resett strangers in their families 
without testimonials of their deportment. 

The said day, the minister shewed to the 
elders, that this week he intended, God willing, 
to go to the synod at Kelso, and desired to know 
which of the elders would go alongst with him, 
and they who had horses answered, that they 
could not attend him thereunto, in regard that 


they liad Beveralls to meet with who axe to be at 
her Grace's land setting* The minister th&Pd^ 
fore held them excused. 

The minister did intimate also from the pul- 
pit, that a contribution was to foe collected for 
the supply of ane English man, Charles Hespan, 
who had his goods destroyed by an extraor- 
dinary outbreak of the sea; and the minister 
did show that the Queen's proclamation was 
fallen by. Collected L.4, 4s, 

The which day the Queen's proclamation was 
read publicly to the congregation for a day of 
thanksgiving to God for the peace, to be iept 
on Tuesday next. 

According to order the last meeting of the 
session to the beadle, anent the inbringing of 
the testimonials of those lately come into the 
parishe, the minister shewed that there were 
«ome into his hands 3 or 4 testimonials, and 
the beadle was further ordered to make inquiry 
anent the rest of the testificates. 

Intimation made by the Eev. Mr Thomas 
Laick, that the two achools were to sit doun tor 

* And rent day. An ox was fthmys roasted, and there was pre- 
bably some parade on the occasion, such as escorting the chamber- 
lain from and to Branxholm. 

We may infer that the lands were let from year to year. 


morrow, and desired that parents would mind 
their duty of educating their children. 

The said Mr Purdom shewed to the minister 
and elders, that it was the custom in this town, 
both with Master Martin and Mr Ohisholm, dur- 
mg the time of their being schoolmasters in this 
place, and also in Master Purdom's time since 
his entry in 1669, as some of their number here 
present can attest to be of verity, that those who 
learned humanity, and also the lectors* were 
all taught under one roof by the then incum- 
bent, and no other persons were privileged to 
teach in the town but those who were licensed 
by the heritors, ministers, and elders, during 
the abode of the respective ^foresaids their in* 
cumbency, and when those who learned huma- 
nity, and others who were lectors, were dis- 
joyned ; although before the decease of Mr Orrok, 
our late minister, the said Mr Oirok said to the 
said Mr John Purdom, that for his encourage- 
ment (seeing that he was divested of the ordi- 
nary salary), his wages should be as good as 
when the two aforesaid places were unite, and 
that no other person should keep a public school 
in the toun for educating boys, and poor scholars, 
but the said Master John, as some in this toun 
can attest to be of verity, and also it was a 
statute (as the records will shew), that no person 
should teach any farther than the Psalm -Book ; 
and whereas the said Mr John of his own lenity, 

* t. e^ those who read the Soriptures in Church. 


since the aforesaid year 1669, never qnarelled 
several persons in the toun to educat children 
further than the said book, and seeing he is 
deprived both of learning humanity,* and of the 
ordinary salary (having no salary allocat to him 
for his reading the Scriptures upon the Lord's 
Day, forenoon and afternoon, and being clerk to 
the session), is necessitate to make this day his 
address to the minister and his elders, that no 
person should in the future teach farther than 
the Psalm Book. Which was granted, that no 
person should be privileged to teach farther 
than the Psalm Book. 

Intimation made publicly from the pulpit, 
that no masters of families resett servants with- 
out testimonials of their deportment in the 
places from whence they come. As also 'tis 
desired, that the magistrates or persons who 
have houses to sett, would not admit any per- 
sons without sufficient testimonials, lest the 
toun and parishe become an asylum for rogues 
and vagabonds. 

The session petitioned the Duchess of Buc- 
cleuch to grant a precept of clare constat to 
Archibald Scott of Boonraw, who is now about 
to sell his land, that so he may be in a condi- 
tion to dispone in favour of the heritors, minis- 

• Alluding to the endowment of a Grammar Sobool by Mr Orrok 
in 1771. 


t«r, and elders, who are to bestow the money 
mortified by the late Mr Alexander Orrok, our 
minister here on the said lands. The session 
desired that Her Grace, as patron of the said 
mortification, would order the minister and 
elders of the said parish of Hawick, to purchase 
the lands of Boonraw with the above mortified 
money, for securiog the same in time coming 
for the ends of the said mortification, in respect 
the money (9000 merks) mortified by the said 
Mr Orrok and others, will exactly answer the 
price of the said lands, which lie so conti- 
guous to Hawick, as the like may not fall out in 
any age. [This transaction, if carried out, would 
have made the mortification very valuable. The 
estate seems to have been purchased for Her 
Grace, and it still forms part of the dukedom.] 

Mr John Purdom presented ane register, in 
which, at the division of the church, anno 1683, 
the brethren of the presbytery mett and did allo- 
cat to the heritors their seats in the body of the 
church below the lofts ; and after the said divi- 
sion thereof, the moderator told the magistrates 
of the toun, seeing they nor the inhabitants had 
borne no burden and share of the building of 
the church, and considering what large room and 
share they brook and possess in the said kirk, 
they earnestly desired that the school might be 
built in any other convenient place, seeing the 
pews had suffered a considerable loss by the 
scholars breaking the same ; which they unani- 


xnonsly and cheerfully consented nnta, and en- 
gaged themselves to enact in the kirk-session 
books of Hawick for doing the same before 
Martinmas 1683. 

January 20th was kept as a day of thanks- 
giving to Grod for our King Greorge's peaceable 
accession to the throne on October 20th, and 
the collection was L.6, 2s. 

March 17th. The which day the elders con- 
vened to take away the debates and differences 
among the hammermen and tradesmen posses- 
sors of the loft in the church, anent the prece- 
dency in the same in the fore seat of the loft at 
the head thereof. 

The session after hearing both parties reason 
upon the head, they statute and ordain that 
Michael TumbuU, for his lifetime, should hare 
the head of the fore seat of the loft, conform to 
the desire of the other two hammermen con- 
cerned ; and that the two quartermasters of the 
weavers for the time, have the next place ; and 
next to them any one of the two other hammer- 
men, as they shall agree betwixt themselves ; 
and the rest to sit as they come ; with this pro- 
vision always, for keeping order in the church, 
that in case either Michael Tumbidl, the two 
quartermasters, or the other hammermen, be not 
present at the opening of the loft door, to take 
their places in manner above mentioned, they 


are not to pass by any other persons that have 
taken their places before they come in, but sit as 
they come. And the offenders, for preventing 
any disturbance in the church, and not observ- 
ing the premises, are to pay in L«20 Scots to 
the box, in terms of the Act of 1683. And that 
Michael TurnbuU's precedence shall be no foun- 
dation to any of his heirs and representatives 
for claiming the said precedence without con- 
sent of the other two hammermen. Which act 
was read in open session to them, with which 
they seemed to be well pleased. 

The said day, the minister did intimate, after 
sermon in the forenoon, that masters of families 
woald give in testimonials of their servants from 
the respective parishes from which they cam« 
at the last term. 

The said day, Andrew Jerdon, weaver in this 
toun, desired, that seeing others had possessed 
the place near to John Elliot's seat in the qtieer^ 
where his wife and Janet Groodfellow, his step- 
mother, had a stool (the space of a year, being 
at that time in Ewes parishe), she might be 
reponed to the place ; which the session thought 
very reasonable, that his wife's stool should be 
set in its wonted place* 

Intimation made for a fast to be set apart for 
EingGeorgeandhis royalfamily,thepreservation 
of the Protestant religion, the peace and tran- 


qnillity of the kingdom, for the reaping of the 
fruits of the ground, and seasonable weather 
for the ingathering of the com. 

No sermon, October 16th, in regard of the 
tumult occasioned by a numerous multitude in 
arms against King George and his goyemment. 

No sermon, October 30th, Kenmure, Eng- 
lishers, and Highlanders being in the town. 

The session thought fitt, that seeing Mr Dur- 
TO^^* dancing-master^ had carried himself civilly, 
and attended the ordinances here since No- 
vember last until this day, should receive a testi- 
ficat of his deportment, mentioning the said time 
of his abode here. 

Collected for building a meeting-house for 
divine worship at Hexham, in England, L.14, 2s. 

^William Gladstains compeared, and was told 
by the minister, that he was credibly informed 
by famous persons of his neighbours, that he 
cursed his father, wasted his substance, and that 
by God's law and man's he was guilty of a most 
heinous crime ; and therefore exhorted him to 
a most serious repentance for the same, and that 
if he could not refrain from drinking to excess, 
he would be given up to the bailie of regality of 
the place, to censure him condignly, as justly he 


deserved, the severest punishment to be trysted 
with ; and he was dismissed with this certifica- 
tion by the bailie, that he would cause delate 
him to the circuit ensuing, if he walked not 
more submissively and obtempering to the laws 
both of God and man. 

Collection in Hawick and the neighbouring 
parishes for propagating Christian knowledge 
in the Highlands and Northern Islands. 

James Olifer, for distinction's sake called 
Jafray the piper, being called upon as formerly 
diverse times, for producing a testimonial of his 
deportment in the last parish wherein he re- 
sided, compeared not ; and seeing he is contu- 
macious, the session unanimously agreed upon, 
that if he produced not a testificate before 
11th November next, then he should be given 
over to the magistrates, and they to pass a 
sentence and order for extruding him out of the 


May 11th. Thomas Porteous, carrier, and 
John TurnbuU, servitor to Walter Elliott, bailie- 
deput of the regality of Hawick, upon citation 
compeared, and were sharply rebuked for riding 
a ra.ce in the common haugh upon the Lord's 
Day. They both acknowledged guilt, and pro- 
mised, by GU>d's grace, to be observant of the 
Lord's Day. 


. Likewise xSpoti citation^ William Whaton, 
fiddler, compeared for rambling ttrough the 
toun upon horseback, with boots, spurs, and red 
clothes, in a military posture ; and James Olifer, 
toun-officer, playing before him, who having ex- 
culpat him the best way he could, by averring 
he did it only through sport, and that he was 
to have a pint of brandie and a gallon of ale for 
his riding through the toun • whereupon the 
session thought fit he should satisfy jmblichbf 
for his trespass, for the terror of others. 

The minister intimated to the congregation, 
that he intended, God willing, to administer the 
Supper of our Lord the next Lord's Day, and 
earnestly desired all who are at variance with 
their neighbours may be reconciled to others, 
and that none who are at variance and differ- 
ence would be admitted to the Table ; and ex- 
horted all to try their hearts about their conver- 

A petition from the Lithuanian Church to the 
General Assembly, was publicly read, shewing 
that the church in the dukedom of Lithuania 
hath been distressed these several years, by the 
judgments of Almighty God, inflicted on them 
by a long destructive war between the kings of 
Sweden, Poland, Muscovy, Ac., and also have 
turned out most part of the Protestant magis- 
trates, and put in Papists in their room ; to have 
forbidden the poor Protestants either to build 


new churches, ar to repair those that are fallen 
to decay. The former churches, amounting to 
the number of 250, are reduced now to a small 
number, even only to 60. The petition being 
wholly read, the minister exhorted the people 
to extend liberally their charity. 
N.B. — ^L.13, 13s. sterling collected. 


This day the minister acquainted the elders, 
that seeing the Dutch companies are now re- 
moved to England, he would distribute among 
the poor (as usually was his method after the 
administration of the sacrament) the money 
thereat collected. 


Mention is made of Philip Scott, lately cham- 
berlain to Walter Scott of Harden. 

Intimation, that Thursday next was to be set 
ax)art for a fast and humiliation, and confession 
of sins of the land, that God would be pleased 
to avert the pestilential contagion in Marseilles 
within the kingdom of France, in which many 
thousands have been smitten with sudden death. 

The minister being indisposed most of the 
summer, the preachers were : — 
Mr Douglas, Kirkton. 
Mr Kichie. 
Mr Taite, chaplain to Thorlieshope. 


Mr Olifer, minister of Glenbecket. 

Mr Innes. 

Mr Gilchrist. 

Mr Chisholm, in the meeting-house, 

Mr Edgar. 

Mr Telfer. 

Mr Hume. 

Mr Inglis of Suden. 

Mr HaU of Abbotrule. 


A contribution was raised for repairing the 
mason and wright work of Carlanridge chapeL 

N.B. — Mr Graham was preacher there in 

The session enacted, that any person who 
hath received charity out of the box when they 
die, their household plenishing should be rouped, 
seeing the session is burdened with buying 
cofl^s to them, and after the rouping, the money 
then gotten should be given in ; or in case they 
had any money, either besides them or lent out 
to any person, shall be given into the box, for 
the behoof of other poor. 

Mr Talefer did read a proclamation for a col- 
lection to be gathered from house to house, for 
the parish of Dorkness in the shyre of Stranaver, 
consisting of 50 miles in length, and 13 miles in 
breadth, for building another kirk in the said 
parish. The Lord Eae, patron of the said parish, 


promiseth to give considerably for effectuating 
the same. Collected L.9, 14s. 

William Thomson, officer, was desired to sum- 
mon a party for his penalty to Falnashes 

Eobert Scott, of Falnash, and the elders fre- 
quently convened after divine worship ; gave 
commission to Eobert Bewcastle, &c., for going 
to Jedburgh upon Wednesday, to produce and 
lay before the reverend brethren of the pres- 
bytery thereat met, the unanimous consent and 
desire of the heritors, elders, and householders, 
by their subscriptions both in the town and land- 
wart part of the parish of Hawick, for Mr Charles 
Talefer to be their minister. 

The brethren of the presbytery, viz., Mr Cow- 
den, minister of Oxholm, Mr Edgar, minister of 
Hopkirk, Mr Bell of Crelin, Mr Kichie of Mynto, 
Mr Crawford of Wiltoun, Mr Hall of Abbotrule, 
Mr Gilchrist of Bedderoul, and Mr Douglas, met, 
and before sermon, made by the said Mr Eobert 
Bell, the presbytery officer, after three oyesses, 
ordered all persons, at the most patent door of 
the kirk, to appear before the forenamed brethren, 
to give in their reasons (if they had any to ob- 
ject) why Mr Charles Talefer might not be ad- 
mitted and this day settled minister of this 
parish of Hawick. Therefore no persons ap- 


pearing, they proceeded according to the usual 
order and manner. 

Price of a stone of meal 16 shillings Scots. 

Seeing the hox is burdened frequently by pay^ 
ing of coffins to strangers, and maintaining the 
poor, the session thought it requisite that the 
coffin commonly called the common coffin should 
be made use of, unless (hey be persons of good 

Intimation made this day from the pulpit of 
a fast, to be celebrated on Thursday next, 11th 
July, to be a day of humiliation and confession 
of our sins, that Qod may be pleased in his mercy 
to put a stop to the great drought, for mollifying 
the weary ground, by sending down a plentiful 
rain, that the fruits of the earth may come to 
maturity for the use of man, and the grass may 
revive for the use of the beasts in the field. 

Yet intimation is afterwards made that the 
2d of October is to be set apart as a day of 
thanksgiving for the seasonable harvest. 

Proclamation read for the relief of the Pro- 
testants in Saxony. Collected L.3, 2s. sterling. 

In consideration that there is much need of 
a master to teach an English school in Baes- 
know, and there being John Bed, a well aged 
man, capable to teach at the said toun, the 


session agreed to give him encouragement for 
ull the poor children in said town. 

The stun of L.1, 14a. Scots allowed to Thomas 
Tumbull's mother for poor scholars, whom she 

IsoheU Hewie was also allowed eight pence 
jBterling each per quarter, for teaching poor chil- 

The minister reported, that seeing there are 
many poor scholars learning in Branxholmtown, 
that they should receive Bibles for their encou- 

Collected for a meeting-house att Babintoun 
and for Brampton, L.4, 17s. 

December 27th. Intimation made by the mi- 
nister, that, God willing, he is resolved to ex- 
amine twice in the week, viz., on Tuesday and 
Friday, the inhabitants of this toun. 

A fast appointed to be in this place upon Wed- 
nesday next, imploring the Almighty Grod that 
he would be pleased to avert the great death in 
the bounds, both of young and old, which hath 
been a oonsiderable time both in this and the 
neighbouring places. 


23d May. Whereas there have been formerly 
several enormities, debates, and revellings, com- 
mitted at the riding of the marches of the com- 
mon belonging to this toun, both by old and 
young men, who were overtaken by excess in 
drunkenness thereat ; therefore the minister and 
members of the session this day thought expe- 
dient, for suppressing the growth thereof in time 
coming, that two of their number should take 
narrow inspection of the families in this town, 
who give ale or brandie, either at the outgoing 
or incoming of the horesmen and footmen, and 
give notice of them at the next meeting of the 

May 30th. The minister shewed to the ses- 
sion, that he was very well pleased with the de- 
portment and behaviour of those who were at 
the riding of the common. And likewise having 
been at the trouble to go through the innkeepers 
in the town, that he found at their cups none. 

Intimation made from the pulpit, that none be- 
take themselves to the fields upon the Lord's Day, 
after divine worship, in crouds, for discoursing 
anent their secular affairs ; which, if they for- 
bear not, they will be taken notice of, and be 
condignly punished as breakers of the Sabbath. 

An act of the Commission of the General As- 
sembly was read from the pulpit, for a fast to 
be holden upon the first day of July, shewing 


that many of the Protestant churches abroad 
are most unjustly deprived of public worship, 
and many of them have been butchered by the 
common executioner, in such tragical manner 
as hath filled Europe with amazement. 

Seeing the heritors did not frequently meet 
at the last meeting of the session, upon that ac- 
count the minister. did intimate this forenoon, 
that the heritors, viz., Harwood, and Mr Patrick 
Cunningham, with the elders, might meet after 
sermon, to hear the list of the poor read over, 
anent the badges to be given to the poor who 
are able to go through this parish. 

The said day the minister read over to the 
congregation the whole number of the poor with- 
in the parish, those who were to receive badges, 
and those who are unfirm and given over to the 
care of the session, and shewed the good efiect 
which accompanied the act omitted by the jus- 
tices of peace and sheriff of the shire of Teviot- 
dale, for debarring all vagrants, stranger beggars, 
who usually disturb this place and the high- 
lands, so that many families were blyth in the 
country to give them entertainment, by lodging 
them, and could hardly give bread to their own 

The session was informed that old Andrew 
Porteous, in regard of his numerous years and 
the want of sight, is not in a capacity to main- 


tain himself. The minister desired to know if - 
his sons could afford him maintenance- To 
which some of the members of the session an- 
swered that he hath two, one of them being in 
good circumstances, and the other of them is 
not so, his wife being valetudinary, and can 
make no shift for a livelihood. Upon which it 
was thought fit, that George, his elder son, should 
be questioned what he would bestow upon him, 
and then the session would take to their con- 
sideration his scanty condition. 

The session made agreement with Jean Hart 

for keeping Betty Hay and Jollie, that 

she should have yearly a boll of meal from the 
session, Falnash having undertaken for another 
boll in name of the Duchess, also thrytie pounds 
Scots, and two shillings sterling, for a pair of 
shoes, the session furnishing them with clothes. 

The minister did read to the members of the 
session a petition, to be sent to the Lord Koy- 
ston, manager of the Duchess of Buccleuch her 
affairs, to see what length her Grace would go 
in contributing for supporting the numerous poor 
in the parish. 

5th October 1725, Tuesday. The season being 
very bad for cutting down the fruits of the 
ground, the elders thought expedient that a fast 
should be Celebrated in this place, and humilia- 
tion, with prayer to God Almighty for giving 
fair and seasonable weather, upon Friday next. 


ExcerpU from the Town-Tre(XBurer^8 Books, 

Soots Money. 
1721. Paid John TurnbuU for gilding 
the hand of clock (in parish 
church), . . . L.0 6 
Paid Mr Gladstains, elder (town- 
clerk), when bilyats were drawn, 10 
June 2. Paid the spedmen for 

going abont the couman, . 3 
Item to FouUer the pyper, . 10 

1721. April 27- Paid Alexander Scott 

for ales to the cassers (paviors), 6 
Received from Harwood for bells 

to his birns boril, • . 4 

Aug. 11. Paid Walter Ledlaw 

for a sled fut when ye robbish 

was taken away at the erose, 3 

1722. March 20. Received for the belle 

to Gorenberrie's boril, • 6 
Paid Richard Tnmbull for gist 

(joist) to the steeple (parish 

church), . . . 2 10 

Payd John Scot, smith, for yell 

when the ded bell was mended, 12 

1723. May 30. Item, received from Wil- 

liam Olifer, brother to Lord 

0}ifer, his borges money, 6 

Received from Walter Scot of 

Whitfield for the bells, . 6 
For brandie in Cavers, when the 

biles went to Cavers, . 18 
1723. Given John Stewart, oflScer, for 

lead to fix y® jugges, • 4 
Dec» 24, Spent in y« dark's (town- 


Seote Money* 
clerk's) for extracting the de- 
creets, • • . L.2 14 

1724. May 26. Given y* measons for 
lead and aile when they men- 
ded y crose, . . • 16 
June 16. Given James Cowan for 
ribhons to the race, mell, and 
calk, . . » . 8 6 

1726. Paid Walter Scot for making the 

lifting brod, &c., in bailies' loft, 18 

1726. Paid for tons to pease stones (clock 

weights), . . . 8 

1727. Beceived for the belles to the Laird 

of Wein's burial, . . 6 
Given to Andrew Wintrope, for 

mending the steeple ladder, 6 

1728. Feb. 2. Rec* for the belles to 

Lady Douglas, . . 6 

Received for Stirkshaw's wife's bu- 
rial (beU), . . I, 6 

1729. Sept. 17* Received from the Laird 

of Fenick, a year's rent for y* 
weight-house, • . 9 

Received for the belles to the Lede 

Fenish's, • . 6 

Do. to the Lady Bumhead's burial, 6 
Do. Bumhead's sister, . 6 

Do. do., for the litter to do., 1 10 

1730. Sept. 26. Payd for lead to the 

Cross building, • . 14 

. Received from Whitfield for the lit- 
ter to his wife's burial, . 1 10 
Oct. 6. Accompted with treasurer, 
when haill weights and mea- 
sures belonging to the burgh, 
with 9/11 sterling, in Woods 


Soots Money. 
and other bad lialf pennies de- 
liyered to new treasurer. 
Received from Mr Ogilbie of Tein- 

side for the litter, . . L.l 10 

1731. Oct, 30. Payd to James Simson 

for lintseed oyle and whit lead 

got to the wither-kok in 1728, 19 

Nov. 17. Payd Bailie Howison, 
(present bailie) for registrating 
Bargat's bill, . . • 16 

Dec. 9. Received from John Stewart 

for ybells to Lady Firth's borile,0 6 

1732. April 29. Receaved for y leatter 

to Todrig's son's borile, . 1 10 

May 28. Payd Alexander Ruther- 
ford for 7i yeards of broad 
cloathfor the officers and drum- 
mers does, » » • 12 15 1 

Sept. 28. Payd what was spent 
with the masons at y^ port 
and tolbooth stair puting up, 110 

Sept. 29. Received from John 
Stewart for y* bells to y* Lady 
Glask's buriall, . . 6 
[Who could this be 1] 

Spent by bailies and others when 

y* fyer was at Wal. Scott's, 12 

Payd John Aitken for 2 girds he 

laid on the town's foue, . 14 

Oct. P* for 3 loads of lime to y* 

Cross wynd port, . . 2 14 

Paid with masons, in Bailie James 
Scott's, when y* dayell was put 
up, « . • . 6 

{N',B^ — According to tradition, the 
clock, which is still going in the 


Soots Money. 
old parish church, was brought 
from the monastery of Melrose 
at the Beformation.) 
P^ Andrew Jerdane for beame that 
carries j^ pease stones (clock 
weights), . . . L.O 9 

26. Payd 12 bottles wine, to 

King's birthday, . . 10 16 
Mor payd at trying the wine, 

2 double gills, . . 12 

Paid for 14 glasses, . . 2 16 

28. Payd that night ye lickor was 

got to Ranting, . . 2 4 
Payd to John Pringle, wright, for 

a bred to hands of clock, 6 

29. Payd to John Meader for 
playing ye King's birth-^ayey 110 

Nov. 14* Payd to John Aitken, 

couper, for girds to y® litter, 18 

Nov. 17. P^ Bailie John the said 

night y® remain of wine, • 6 

Paid at making a libel against 

backsters (bakers), 3 gills, 9 

1733. Charges of the settes in the loft 

above the bilifesMoft, . 11 
P* in,partforcapingtheclokelynx, 3 

1734. Paid to Bilife Howison for the 

Bible that is for the bilifes in 

the church, . . . 2 8 

Paid Walter Scott for putting up 

the brest in the bilifes' loft, 6 

Paid to David Laynge^ 6i days 
him and his men, and all ser- 
vice done to the West Port, 8 4 

Paid to my son for nealling and 
mending the foot-gang, and pit- 


Scotfl Money, 
ting back the perpell iii3ailies' 
loft, . . . . L,0 4 

Oct. 3. Received for y« belles to 

Lady Stirkshaw's burial, 6 

Paid for a meal scave, . , 18 

1734. Spent in BUife Scott's, when last 

nit was made to the clok, 15 6 

1735. Paid James Gledstains for making 

y« coulter, . . . 2 14 
Spent in Mrs Elliot's, when the 

port was mended, w^ bailies, 2 7 
Paid James Wintrope for falding 

brods in Bailies' loft, . 1 14 

1736. Paid John Aitkin, cooper, fbr y« 

hooping of y® litter, ,. 14 

1737. Paid a soger and passenger and 

letter sending to Leadye Crou- 

mach, , , . . 10 

Paid for mending y« hayewayes, 12 

Paid to my wife when y® workmen 
went to see where y® brige 
should be, . . . 18 
1739. Paid in Mr Weir's (town clerk) 
at taking in the quartermasters 
to the council, . . 16 

Received for y® belles for CoUde- 

houses wife's burell, 6 

Paid James Heardye for liding 

600 difeits to tolboothe^ . 1 10 

Paid in Mr Weir's (town clerk), 
when the petition was drawn 
to the Duke of Buccleuch, .14 

Paid in Mr Weir when I got the 
doubles (subscription lists) out 
to go through the parishes for 
the brig, with bailies, . . 18 


Sterling Money. 
Paid 8 workmen for 2 days and 
2 hours working for a founda- 
tion to the brig, . . L.O 11 4. 

1740. Paid Mr Weir, to carry his ex- 

penses to Jedburgh for the 
rogue-money relating to the 
brig, . . . 6 

1741. Paid a pint of brandye, when the 

brander of the middle pillar ^ 

(Teviot Bridge) was in the wa- 
ter, . . . 9 
1744. May. Spent in Mr Weir's in bil- 
leting 120 shoulders, . 10 

1746. Oct. 4. Spent in giving ane ac- 

count of the poor's accounts, 

in Thomas Wintrup's, 3 

Paid for firing to the guard, and 

candles, . . • 9 

— 15. To paid in Bailie Kuecas- 
tle's, in receiving money from 
the corporal for y* caryers, 10 

Paid in my own house in the morn- 
ing, with the bailies, officers, 
and sergeants, . 13 

To the bailies and Gromhaugh, in 

Mr Weir s (town-clerk), . 10 

Paid in altering billets in Mr 

Weir's, . . . . 3 

Paid in providing baggage horses, 6 

1747. March 28. Paid to Adam Hunt- 

Ue for going two rounds to the 
country in quest of baggage 
horses to the military, . 10 
April 13. Paid out to the wrights 
and assistants in taking down 
the bell, . . 2 


Sterling Money. 

Paid in Bailie John Scott's, after 

taking lier down, . L.O 1 6 

Sent to the steeple head (old pa- 
rish church) a mutchkin of 
brandy, . . . . 7 

May 4. Spent in Mr Weir's, in 
establishing 6 burlemen for 
the town, . . 16 

1748. Paid for oyl to the clock and bell, 3 3 

Whiskie given the workers at the 

bridge, 1 pint, 1 gill, 2 10 

Half-a-mntchkin whiskie to gla- 
ziers and officers, . . 4 

(This is the earliest mention of 

1751. Paid John Elliot, tanner, for lime 

to the East Port Cross, being 

6J fous, . 2 

May 21. Cash from Mr Col vine, 
dancing - master, for three 
months' liberty of the tolbooth, 
for dancing in, « . 4 

June 6 . Cash from Andrew Pertos, 

for the rent of the leach prison, 10 

Nov. 30. Paid Robert Easton and 
Robert Oliver^ with workmen, 
for helping the far pillar of the 
bridge, and 12 drains, • 16 4 

1752. Paidfor J quart whisky, when ga- 

thering stones to the bridge, 4 
Received from George Scott, for 

stones of Millport, . . 9 11 
Do. the same day, from Bailie 

James, stones of the well, 10 8 

Oct. Paid David Laing for pointing 

a hole on the steeple-head, and 



Sterling Monej. 
altering a cracke (in parisli 
church), . . . L.O 6 

Allowed the treasurer for 2 ex- 
tracts of the regulation of hread, 
and ds. paid to officer, • 10 
1752. Paid to Walter Freeman the re- 
main of his salarj for keeping 
the clock (in the old church), 
1 year, . • . . 10 

1754. Paid for cords to bind Andrew 

Ogilvie 3 

At same time paid for watching 

him, . . . . .013 
Paid for a meal sieve to search the 

market, . . .007 

Paid William Young for clasping 

the hell wheel, . . .008 

1755. Paid in Bailie Walter Scott's, with 

Bailie John, when getting the 

new stocks, • , .006 

Paid John Bryson, 11 thrare 
(straw) for thatching the school- 
house, . . . .040 

Paid Andrew TumbuU, elder, for 
building in the brod at the 
steeple head, &c., . . .020 

Paid 2 fiddlers for attending the 

bailies, . . . .030 

Paid 2 men and the officers for 
searching Winnington Moss, for 
baking bakes, and breaking 
and throwing the same in the 
moss, , • . .023 

Paid Bailie Walter for the stocks, 10 

Spent, when buying a tree for the 

Fleshmarket, . , 5^ 


Sterling Money. 

Paid whisky when putting up the 

cross-tree in the FleshmarketjL.O 1 4 

Taken on in the treasurer's at the 

ranting, . . . .038 

Paid for 2 paines of glass to the 

tolbooth, . . . .003 

Eeceived roup of the seats in the 

kirk (gallery) for 1755, . 10 6 

Received roup of the Fleshmarket 

to Michaelmas 1756, . .14 1 

Paid for libel against Adam Bl- 
chardson for going by the 
Court with the bailies, before 
and after the court, 2s.— -of 
which he paid 16d., . ,008 

Paid James Wintrope for helping 

the fit-gang of the bailies' loft, 6 

Paid Bailie Walter Scott for the 

book-board in the tolbooth, .016 

Spent by order, at the tolbooth 
stair, 1 p. (pint) whisky, prime 
cost, 8 

Paid Robert Telfer for his horse, 
in seid time, to Kelso, pressed 
by Bailie TumbuU, with a 
shouldier and his wife, . .006 

Paid Andrew Tumbull, Bailie 
Walter, and David Laing, ear- 
nest, for the herd's house 
building, . . . .016 
1756. Paid in Mr Weir's (town-clerk), at 
proclaiming war against the 
French, receiving the Flesh- 
market rent, and setting the 
weigh-house. . , .042 

(This beats even Scotch thrift). 


Sterling Money. 

Paid Andrew Scott, merchant, for 
8 yards ribbon for tbe offi- 
cers, . . . . L.O 2 8 

Paid in Mr Weir's, with the bailies, 
for Thomas Sowrd's sentence- 
money, . . . .010 

By cash, half year's rent of Flesh- 
market, . . . . 12 

Paid in Mr Weir's, when William 
Robertson (who came from 
Dunfermline to manage the 
carpet-weaving concern) en- 
tered bnrgess, . . .006 

Paid for libel against Adam Ki- 
chardson for going by the 
court, 8 

Cash given the herd when his child 

was almost burnt to death, .010 
1757. Paid in Mr Weir's for gilt paper, 
&c., when writing to the Coun- 
tess and others, anent the mi- 
nister (the parish church was 
then vacant by the death of 
Mr Somerville), . . .007 

Paid in Do., anent the petition 
for the coals in the morning, 
&c., 13 

Spent with Mr Ramsay the coal- 
man (coal-viewer), . ,060 

1757. Paid the coalman, . . 10 5 
Paid Thomas Tumbull, dyster, 

for dyeing and dressing officer's 

clothes, . , . , 12 

1758. Paid for binding, covering, and 

putting Psalms in the bailies' 

Bible, and postage, . . 3 


Sterling Money. 
1660. Nov. 3. Paid fiddler playing be- 
fore the bailies and justices of 
peace proclaiming Geo. III. L.O 2 6 

1761. By cash for stent collected east 

the Water of Slitrig, , 3 8 8 

Do., west the Water, . . 3 112 
Paid J. Kirkwood, clockmaker, 
Eedpath, for repairing town 
clock, . . . . 15 2 
N.B. — ^The amount raised by 

Paid liquor at qualifying the 
bailies and clerk (Accession of 
Geo. Ill,) . . . 4 10 
Spent by bailies at ordering officers 
to poind the deficients (de- 
faulters) for the clock, . 14 

1762. Paid for soap to the cords letting 

down the bell (old parish 

kirk), . . . . 1 

Spent at rouping materials of the 

bailies' lofts therein, . 4 10 

Spent by the bailies, rouping the 
Cross, Fleshmarket, and Cross- 
wynd port,. . . . 19 

1763. Spent by bailies and council elect- 

ing clerk, vacant by Mr Weir's 
death, . . . . 6 

. Paid Bailie John for drink at put- 
ting up bell (in new church), 3 7i 

Paid Do. 4 men attending the dial- 
plates putting up, . . 4 

Paid Do. putting up the fen, . 12 

1764. Paid to Andrew Greyfor the wind- 

pointer, fen, and hands, in 

church steeple, . 3 10 


Sterling Money. 

1766. Paid for the herd's house, per esti- 

mate, . . . . L.4 12 
Paid to John Brown for going post 

to Edinhurgh with a letter, 5 6 

1767. Aug. 7. Paid Tinlin & Hardie 

for watching brig (Hawick 

flood), . . . 2 

1768. Beceived from a man with wild 

beasts in the Tolbooth, . 10 

1770. Paid Mr Glaidstains for toul at 

Walter Bums' port, . 6 

1771. Feb. 2. Spent in Bailie Hardy's, 

with clerk and others, after 

laying on the bell stent, . 2 9 

Received from Bobt. Ha, Dodbum, 
for 3000 divots, John Loran 
for 3000 do., James Davidson 
1600 do., Robert Scott 3000, 
and William Scott 2500, . 118 

Paid Bailie Hardy for a bottle of 
wine (Stevenson's), at attending 
His Grace the Duke of Buc- 
cleuch, . . . . 2 

Paid James Miller for making 

poor's list, . . . 2 

Paid Robert Tinlin for mending 

his halbard, . . . 6 

Paid John Simson for a standard 

for salt from Jedburgh, . 3 OJ 

1772. Paid Mr Inglis (postmaster) and 

Bailie Hardy for post let- 
ters, &c., . . . 18 
(This is the earliest mention of 
a post-office. T he postage from 
Edinburgh seems to have been 


Sterling Money. 
1773. Paid Rob*. Tindlin for watching 

the town after fire, . L.O 1 6 

1776. Spent in Bailie Hardy's at (Jecret- 

ing deficiencea (defanlters) for 
the brig (over Slitrig at the 
Tower Knowe), . . 10 

1777. Paid BailieHardyfor officers whip- 

ping the " Speman," . 8 6 

Do. for ale and bread when he 

was in prison, . . 7 

Spent in Bailie Hardy's when 
taking a list of the mutineers 
when going to the common, 8 
(This refers to the individuals 
opposed to the division of the 
common, who pelted with stones 
the commissioners appointed to 
set it off). 

1782. Oct. 2. Paid 2 sailors' widows be- 

longing to the Eoyal George, 2 

1783. Paid a letter addressed to bailies 

anent the murder of David 
Reid, . . . 4 

Dec. Paid Wm. Phillop & Co. 
(masons), for the wells, as per- 
account, . . . 34 6 

1785. May. Received from Mr Flintiff 

(teacher of dancing), for 2 mo. 
of council-house, . . 10 

Oct. Received from Mr Clarke 
for use of council-house when 
delivering his lectures, . 10 6 

1786. Paid 2 lbs. white paint for wester 

fountain-head, . . 10 

1787. Paid mending the stocks, wood 

and iron work, and lock, . 3 3 


Sterling Money. 
Received for 27 lbs. stancliel iron 
taken out of the thieves' hole 
window, .... L.O 4 6 
1792. Paid expense of /or« 5*atrj, taken 

away by order of trustees, 55 18 1 
1794. By cash from Bailie Wm. Scott as 
rent of council-house from 
singing-master, . . 5 
Do. Mr M*Gregor, dancing-master, 11 
Paid A. Bryson, constable, press- 
ing baggage-carts for soldiers, 2 6 

1796. By cash from Mr Dickson for one 

year's street dung, . . 3 

1797. Paid Mr Inglis, writer, navy and 

soldiers' money, . . 7^ ^ ^ 

1798. Oct. 6. Paid oflficers ringing the 

bells for illumination, • 2 
(Probably battle of Aboukir.) 
1805. Nov. 11. Paid for illuminating 

the council- house, . . 15 
(Probably battle of Trafalgar.) 


I. The Mote — The Slogan — Auld Hawick — 
The Buttis. 

1. The Mote. 

Since the removal of the auld brig* additional 
interest attaches to this yenerable sepulchre, which 
still remains intact. In the poetry of good Gawyn 
Douglas there occur frequent allusions to such ob- 
jects. These are not without historical value, since 
theyindicate the opinion prevalent in his times r^ard- 
ing their origin and use. Here is one of them : — 

" Under the Montane Law there stude fate hote» 
Ane bing of erth upheipit like ane mote, 
Contenying the cauld assis and birnt bains 
Of auld Deroenus, King of Laurentanis." 

Oneid, Buh6 Seventh. 

Dryden's version is not so graphic — 

*' High on the field there stood a hilly mound ; 
Sacred the place, and spread with oaks around; 
Where, in a marble tomb, Dercenus lay, 
A king that once in Latium bore the sway." 

In Scotland on Moot Hills, that is. Law Hills, 

* The ingenious authors of the poems to which the removal of the 
auld brig (taken down in 1851) gave rise, assume, on the strength of 
tradition, that it was founded by a lady. But as bridges usually re* 
eeiyed consecration during the prevalence of Popery, the female head 
carved underneath its arch is more probably rather evidence merely 
of the brig having, like other public structures, passed through that 


says Mr Robert Chambers, courts of justice were 
formerly held. In Sweden similar mounds exist. 
Three near Upsala, the old capital, seen by Mr 
Chambers, are said to have been respectively the 
burial places of Odin, Thor, and Freyd, the leading 
deities of the Scandinavian mythology. One of these 
was ascertained, a few years ago, to have actually 
afforded sepulture to some remarkable person, and 
Mr Chambers saw, through a grating, a few of the 
bones. He thinks those he saw were natural, form- 
ing this opinion from their relation to the great 
gravel ridge crossing the Upsala plain, a view which 
was confirmed by finding their tops on a level with 
that of the " os' " at Upsala, and by an examination of 
the sea-made matters of which they are composed. 
(See Chambers's Tracings of the North of Europe^ 
Edinburgh Journal^ February 16, 1860.) It is not 
surprising that the Northmen, finding these mounds 
already formed, should have resorted to them where 
they happened to be near, without undergoing the 
labour of forming others; but from this circum- 
stance no inference can be drawn unfavourable to 
the conjecture that the Mote of Hawick, where there 
is no appearance of such natural mounds, is an arti- 
ficial work. Gawyn Douglas, writing about the year 
1600, plainly refers to an artificial construction ; 
Robert Cunningham, two centuries later, expressly 
terms it such ;* and the uniform tradition of the 
place confirms these authorities. Indeed, it is farther 
traditionally said, that the materials were scooped 
out of the adjoining hollow, named Myreslaw Green. f 

♦ His words are — 

*• — that artful mount, which, built of old, 

Was, by the natives here, warlike and bold, 
Wherein they acted all their games of May, 
"When they inclined in sports to pass the day." 

t " Some have thought that barrows covered the bones of those 
who had fallen in battle on the spot ; others ascribe them to the 


The first mention of the mote* ("moit") of Hawick 
on record occurs in a charter granted by King James 
IV. to Sir William Douglas of the barony of Hawick, 
dated 1611. (See Appendix, IV.) In its secondary 
uses, the mote served the twofold purpose of a seat 
where justice was administered and frequently exe- 
cuted, and an altar where honour was paid to their 
divinities by the first inhabitants. Thus, in 1371- 
1372, Robert of Maxwell, Lord of Memes, granted 
to his kinsman. Sir John of Maxwell, Knight, Lord 
of Nether Pollock, and the Lady Isabell, his wife, 
the whole lands of Dryppis, in the barony of Kil- 
brydshire, in the sheriffdom of Lanark, reserving to 
himself and his heirs the moot-hills (mons) nearest 
to the town of Dryppis, on the top of which a stone 
was erected, for holding his courts there as often as 
he should happen to hold pleas on the people of the 
said lands for wrong done to himself or his heirs 
only. — Parochiaes Originles, i. p. 508. * * 

oostom said to provail among the Indians, of collecting at certain 
periods the bones of all their dead, wheresoever deposited at the 
time of death ; whilst others, again, suppose them to have been the 
general sepulchre for towns that existed on or near the spots where 
they are met with." ♦ • {Ency, Brit., article Barrow,) They 
are said to have disappeared in Scandinavia after Christianity 
triumphed in the north. {MaMeCt Northern Antiquities, vol. i., p. 341, 
ed. 1770.) Stone weapons and implements are of frequent occur- 
rence,8ays Dr Daniel his" Prehistoric Annals," particularly 
in the bowl barrow— to which class Hawick Mote belongs ;— another 
proof of their great antiquity. 

* Perhaps the term is an elliptical phrase for Wittenagemot. 
But this might be only its secondary name ; its primitive appella- 
tion we cannot oven conjecture. " Amongst the Cossacks such 
tumuli are termed 'mohille,' by whom they are attributed to the 
Mongols, who bury their dead in them. On opening these, earthen 
vases and rudely-formed darts and hatchets have been found." 
(Chambers^t Journal, Bed. 9, 1854, p. 379.) On the other hand, it may 
be noticed that, "in a remote part of Brittany, the inhabitants of 
which are said to be the descendants of a colony of Northmen, who 
disembarked there in the fifth century, and have now amalgamated 
with their neighbours, spesJi^lDg the Celtic tongue, there are little 
islands covered with verdure, and known by the names of maUees 
(sods or monnd8y*—Blaekwood*i Mag., January 1852, p« 63. 


In 1780, when removing the materials of a 
building on the summit of Dechmont Hill, parish of 
Cambuslang, the foundations were exposed of a 
more ancient structure, circular, of 24 feet diame- 
ter, having the stones carefully joined without mor- 
tar. A thick stratum of charcoal was foimd near 
the summit, covered by a coat of fine loam. There 
was a tradition in the place that beltane fires used to 
be lighted upon the hill. (Parochiales Origines^ i. p. 
62. This corresponds with Hawick, where, within 
living memory, the beltane fires were kindled along* 
side the mote. 

An artificial moimd near an ancient hospital 
and chapel, in the old parish of Torrens, is still 
called the Tor, in allusion, probably, to the Pagan 
deity there worshipped. — Far. Or. i. p. 100. 

Moot-hills are still to be met with in different 
parts of Scotland. Thus, there is the Moot-hill of 
Gather, in the parish of Bonhill. At Biggar there is 
one, thus described in the *^ Imperial Gazeteer of 
Scotland" (1854) : "A tumulus or moat-hill, 120 
paces in circuit at the base, 54 paces in circuit at 
the top, and 36 feet high, is situated at the west end 
of the town, and seems never to have been opened." 
The moat at Hawick, which has never been opened, 
is 30 feet high, 117 feet in circumference at the top, 
and 312 feet at the base, and contains 4060 cubic 
yards. It is of the sort styled " bowl barrow,'* 
from its similarity to an inverted bowl. 

2. The Slogan. 
« Tyr J bus, Tyr j Odin." 

In the recent very able Statistical Account of the 
parish, by the Rev. J. A. Wallace, the writer considers 
this cry to import an invocation to some superior 


being, by the combatants on the eve of battle. In 
this sense it might be rendered, ** Gods of thunder 
and war, assist or protect us." Another conjecture 
may be hazarded, founded on a more literal ver- 
sion of the word busk, thus defined byDr Jamieson : 
" 1. To dress, to attire oneself, to deck. 2. To pre- 
pare, to make ready in general. This is merely an 
oblique sense, borrowed from the idea of dressing one- 
self as a necessary preparation for going abroad, or 
entering on an expedition." <' That all men busk 
thame to be archeiris fra they be xii years of age." 
(Act James I., anno 1424, cap. 20.) In this sense it 
might be read thus : '* To battle, sons of the gods," 
&c. In the former sense, each soldier may be sup- 
posed to invoke for himself ; in the latter, the leader 
adopts it as a hortatory. Brace's Address is en- 
tirely of the latter character, although that noble 
effusion owes more to the genius of the poet than to 
historical truth.* The Jedburgh slogan, " Fye to it, 
Tynedale, Jedburgh's here," seems a challenge to 
the enemy to come on. 

3. Atdd Hawick. 

Hawic, Hawich, Hauuic, Hauuich, Hawhic, Hau- 
wic, Haweik, Hawyk, Hauwyk, Hawewyk, Ha- 
wik, Hauyke, Hawyc, Hauyc, Hauwyc, Havyk, 
There is nothing connected with the town involved 
in greater obscurity than Auld Hawick. Our re- 
cords are totally silent on the subject, and tradition 
has transmitted to us nothing beyond its name and 
site. The spot pointed out is scarcely half a mile 

* The repalsiye war-ory of the Romans during a charge was, 
" Ten, Feri," that is,— Strike, kill. 

t For these various readings, except the last, see the authorities in 
** Origines Farochiales Scotise," i. p. 338. ** Hunowic ** occurs in a 
charter granted by the English king John to Henry Lovel in 120B. 


south from tlie town, on tlie side of a rugged height, 
named Hardyshill, than which a site more unsuit- 
able for a town cannot well be conceived. There are 
no remains or appearances of any sort to indicate 
that the abodes of man were formerly ranged over the 
ground ; and thus all is left for conjecture. There are 
indeed, a mile farther south, on the summit of a hill 
named Kaimend (Campend), having a singularly 
commanding and interesting prospect, traces of a 
British encampment, but this spot has never been 
named in connection with the town. 

At Rothbury, in Northumberland, an old town is 
stated to have been situated in the vicinity of the 
modem one, on the summit of a lofty barren hill. 
" It consists," says Mr Mackenzie, in his <* Historical 
View" of that county, " of a circular entrenchment, 
with a double fosse and rampier, and has beyond dis* 
pute been a fort of the ancient Britons. It might 
also have been used in later times as an asylum, in 
times of public danger, where the inhabitants retired 
with their goods during the time that the Scotch 
Borderers were plundering in the neighbourhood. 
This place was likewise well adapted for a watch-hill, 
as it commands a very extensive prospect." There 
are no appearances indicating the existence of a fort 
at Hardyshill. The view of the town which it com- 
mands is, however, a good one, from which the move- 
ments of an enemy could be readily watched ; and 

To trace a resemblance between tbe " fiery Hnn" and the modem 
Havician is reserved for the ingenuity of mture investigators. 

There have been various theories regarding the origin of the 
name. Mr Jeflfrey, the latest writer on the subject, in his "History of 
Roxburghshire/ plausibly conjectures it to be derived from "How," 
a hollow, and " Wic," a town or village, t.«., a " village situated in 
a hollow of the hills." The following names may be referred to as 
corroborating Mr Jeffrey's view : — ^Howgate, Howdenbum, How- 
syke, Howoleuch, Howpasley, Howahill, all occurring in the town 
or district. It may be remarked that the phrase " auld " does not 
necessarily imply priority. 


the most probable conjecture therefore, is, that it 
was merely, as at Rothbury, an asylum in periods of 
public danger, rather than the precursor of the pre- 
sent town. 

4. TheButtis. 

The Scottish Parliament, in 1424, directed " all 
men to busk them to be archereis." There are now 
no means left, however, either by name or otherwise, 
of identifying the locality referred to in the burgh 
records. Behind Wilton Church there is, however, 
an inclosure, now the site of Dickson Street, named 
" Wellbutts Park," and another called Silverbuthall, 
— very probably the parochial "bow markes" en- 
joined by the statute, since it requires such to be 
made *' near to paroche kirkes, quhairn upon halie 
daies, men may meet, and at the least schutte thrise 
about, and have usage of archerie ;" but being in a 
different barony, this would have no connection with 
the Hawick buttis. Beyond these names, however, 
there is nothing left to indicate that there were for- 
merly butts in the locality. 

Wilton, indeed, may now almost affirm that every- 
thing there which could be considered ancient has 
been swept away. The cross at Heip has been long 
removed. The fine old tower of Burnhead has lately 
been modernized, and is a tower no more. Et tu 

**' The ancientest house among them all." 

The armorial bearings of Langlands of Lang- 
lands, shown in panel in the" parish church, having 
the double motto Spere and Bon Esperance, have also 
been lately obliterated by the painter's brush. As one 
of the family was associated with Sir William Wal- 
lace in his attempt to restore independence to Scot- 
land, this last remaining relic of the race, connect- 


ing the locality even thus faintly with the name of 
Wallace, deserved a better fate. 

A stone pillar at Midshiels, indeed, still remains ; 
but being without figures, inscription, or historical 
associations, it provokes little curiosity. Equally 
hard has been the fate of the stone at Grundistane, 
with the inscription, " Remember to pray," which 
has not existed within living memory. 

The inscription on Mr Crawford's tombstone in 
Wilton churchyard, now — although not ancient — 
fast mouldering to decay, has, however, been lately 
(1860) transcribed, the credit of which is due to the 
kirk- session. See it in Appendixy XIV. 

An inscription over the eastern doorway at Stirches 
is probably the oldest remain of the kind in Wilton. 
It is in these words : — 

" Christus Rex Regum : qui non dormitat in sBvum 
Protegat banc aedem necnon sine criminib. plebem. 
Anno 1503." 

That is — " May Christ, the King of Kings, who 
wakes eternally in heaven, protect this mansion, and 
likewise the people from sin." 

Since the foregoing was written, a circular letter 
has been addressed by the Duke of Buccleuch to 
the tenants on his estate, enjoining them to take 
the greatest care of every object of antiquity, whe- 
ther mound, circle or embankment, stone or build- 
ing, &c. ; to allow no one to meddle with them ; and 
to keep safe and untouched any place having a dis- 
tinct legend or story connected with it, or having a 
remarkable name. This is certainly a step in the 
right direction. It would serve a still better pur- 
pose, however, were the Duke to select a competent 
archsBologist to visit his estates, and record on the 
spot whatever he may find interesting, as well as to 
encircle with a cJievaux^e-frize those remains which 
are most exposed to dilapidation. 


Still more recently an ArchaBoIogical Society has 
been formed at Hawick, &om wKose labours much 
may be expected. 

II. Early Notices of the Ba/rony, 

The land territory or barony of Hawick,* which 
included that of Branxholm, appears in record in the 
reign of King William the Lion, and was knovra by 
that name in the two preceding reigns (David I. and 
Malcolm the Maiden, 1124-1165); between 1175 
and 1180 it occurs in a charter by Eobert Avenel, 
of lands in Eskdale which had been granted to him 
by King David I. before 1153, and were by him as- 
signed to the monks of Melrose between 1163 and 
1165.f It occurs again in charters of confirma- 
tion of- the same lands by Grervase Avenel, the 
son of Robert, between 1180 and 1199, and be- 
tween 1214 and 1218 ; and also in a charter of 
Roger, the son of Gervase, between 1218 and 
1221. 1 Its earliest possessors on record were a 
family named Luvel or Lovel. In 1183, or pre- 
viously, Henry Lovel (Lupellus) granted to the 
canons of St Andrews two oxen-gang of land in 
Branceulla (Branxholm), viz., half the land which 

* ** Origines Parochiales Scotin," 340, from which work the pre- 
sent narrative is in great part derived. 

t Aboat the very same period, Reginald, the Monk of Durham, 
mentions *" Villa quadam Hawich,'* and gives the names of two 
women from Hawick, Seigiv and Rosfrith, devotees of St Cuthbert, 
who had come to worship at,' a chapel dedicated to that saint, situ- 
ated on the Slitrig, by some persons snpposed to be at Humble- 
knows. The adjoining croft is named Priesteroun, probably Priest- 
^ound (see volume published by the Snrtees Society for 1835). 
Reginald was alive in 1165. 

A grant by Ecgred, Bishop of Lindisfame, between 829 and 
, of the town of Gedwarde, to the see of Lindisfame, afterwards 


854, of 


Walter of St Micliael held, with as maeh common 
pasture as belonged to it. (^Register of the Priory 
of St Andrews, page 261.) In 1264, or subsequently, 
Hugh of Abemethy, Sheriff of Roxburgh, accounts 
to ^e chamberlain of Scotland for 100 marks, re- 
ceived as the relief of Bichard Lovel, and adds a 
memorandum to the effect that an account had still 
to be rendered of two parts of the Barony of Hawyc, 
for the term of Martinmas 1264, as Bichard Lovel, 
lord of that barony, was dead before Michaelmas of 
that year.* At a later period, their adherence to 
Edward ^ seems to have cost the Levels their Scottish 
inheritance; as in the reign of David II. we find 
them attempting to recover their ancient patrimony, 
and it was then (1347) restored to them under the 
direction of Edward III. 

After the breaking out of the wars of the succes- 
sion, J the position of the Levels, in consequence of 
their owing allegiance to both crowns, necessarily be- 
came a difficult one ; and preferring alliance with 
England, we are not surprised to find David II. soon 
afterwards granting the barony, into whose hands it 

Durham, indaded Adana as far as Tefegedmathe, and thenoe to 
Wiltuna, and thence beyond the mountain southward. This might 
be read as applying to Wilton, but TTlston is more probably meant. 
It is a district, says Mr Innes, which, although apparently extending 
to the conflux of the Jed and theTeviot, it is impossible nowjto define. 
(Origines Paroehiales Seotice, 378.) In connection with this grant 
it may be stated, that Roxburghshire, according to Bede, fwmed 
part of the kingdom of Northumberland in the time of St Cuth- 
bert, who died in 687, and duriag many ages thereafter. See Sir 
Walter Scott's " Border Antiquities," pp. 63 and 142 : and this is con- 
firmed by Chalmers, vol. ii., p. 103, who also thinks, that at.the 
beginning of the twelfth century, Teviotdale was probably a" de- 
pendency of the Bishopric of Durham, although the monks scarcely 
. enjoyed any temporal possession within that region. At the demise 
of Edgar in 1107, almost the whole of Roxburghshire was the pro- 
perty of Earl David, afterwards King David I., its sovereign lord. 
—« Chalmers' Caledonia," ii. 104. 

* Chamberlain Rolls, i. 45. 

t « Or. Par. SooUa," i. 342. 
The question ooours, whether the Havioians fought at Bannock- 


had probably cotne by the forfeiture of Lovel* (as 
had £ranxholm» in the same barony, conferred by 
Robert the Bruce on Sir Henry de Balliol by the 
forfeiture of John Balliol), to Maurice Murray, Earl 
of Stratheme.f The same sovereign afterwards 
granted a charter of the baronies of Hawick and 
Sprouston to Thomas Murray, { probably of the same 
family. It does not seem, however, to have remained 
long with them, as in 1412 James I. granted a 
charter of confirmation (implying a grant of ante- 
cedent date) of this barony, among others, to Sir 
William Douglas of Drumlanrig, ancestor of the 
Queensberry family. 

In 1451 the barony, with others, was given in free 

bum ? If they did, record and tradition have alike failed to indi- 
cate the fact. That they were present on Bruce^s side is impro- 
bable, since, at that period, the connection between superior and 
yassal was a very close one, the retainer being bound to follow his 
lord to the field and fight on his side, no matter what might be the 
object of the expedition ; eyen neutrality being dangerous, and 
sometimes leading to forfeiture. It is quite inconceivable, there- 
fore, that Level should have taken part against Edward, as his 
possessions lay chiefly within the dominions of the English crown ; 
besides that, there is clear evidence of his being in the English in- 
terest. On the other hand, was Lovel, with his Hawick vassals, 
not amongst Bruce's opponents on that memorable day ? There is 
a tradition that the men of Jedburgh fought for Bruce, and a 
pennon is still preserved there, which is stated to have been cap- 
tured or carried by them on that occasion. But if Jedburgh and 
Hawick had been on opposite sides, it is probable that a hostile 
feeling would have sprung up between the respective burghers, of 
which some traces would have been discovered. Again, as we find, 
even among children, disgrace still affixed to the descendants of the 
ancient enemies of Scottish independence, as in the instances of 
Menteith, who betrayed Sir William Wallace, and Brigham or 
Birgem, where a treaty considered ignominious was entered into 
with England, it is probable that the Havicians would not have 
escaped animadversion on this score, had they been obnoxious 
to it. 

* This conjecture is partly founded on an entry in the Rolls of a 
Parliament of David II., held at Scone in 1341, bearing a charter 
to have been then granted in favour of William de Douglas, of 
lands in Eske and Ewys, which James Lovel had forfeited. 

t " Robertson's Index to the Charters/* 29 and 33. 

i Ibid. 17 and 45. 


regality to William Earl of Douglas* — ParochiaUs 
Origines, i. p. 441. 

In 1510 the lands and barony then belonging in 
heritage to Sir William Douglas were recognosced in 
the hands of King James IV., on account of the 
alienation of the greater part of them without the 
consent of the Sovereign. A year and a day after 
the recognition were allowed to Sir William, and all 
who might have any interest in the property, to put 
in their claims, but none appearing for that purpose, 
they were summoned before the Lords of Council, 
who, on clear proof of the alienation, declared the 
lands and barony to have been forfeited, and to be- 
long to the king in property, an^ to remain at his 
disposal.* The king afterwards, for the good and 
gratuitous service rendered to him by Sir William, 
granted to him the lands and barony of Hawick, and 
" the town of Hawick, with the liberties and privi- 
leges of a burgh of barony, and all clauses necessary 
for the creation of the same," by charter, dated 1511. 
—See Appendix, IV. 

From the Drumlanrig it seems to have passed in 
1675 to the Buccleuch family, with whom the barony 
still remains. 

* The barony seems thus to have undergone forfeiture on at 
least three different occasions, — Ist, from Level, in the reign of Bang 
David II. ; 2d, from Sir William Douglas, in the reign of King 
James lY. ; and lastly, from Monmouth, in the reign of Eang James 


III. MermriaU of the Family ofLovel. 

The families of Lovel, Murray, Douglas, and 
Scott, were successively Lords of Hawick subsequent 
to the time of Earl David, afterwards King David I. 

History assures us that Malcolm Canmore, King 
of Scotland, who reigned between the years 1057 
and 1093, gave every encouragement to strangers, 
whether Normans, Danes, or Saxons, to settle within 
his dominions. Of this privilege many, and those 
persons of distinction, were not slow to take advan- 
tage, and before the war of independence, the lands 
of the southern districts of Scotland had been in a 
great measure partitioned among Norman adven- 
turers, from which circumstance, and the coincidence 
of dates, we may thus conjecture that the first of the 
Lovels was one of the number.* " The marriage of 
Malcolm Canmore with the Saxon Princess Mar- 
garet," says Mr Innes,f " has been commonly stated 
as the cause of that immigration of southerners. 
But it had begun earlier, and many concurring causes 
determined at that time the stream of English colo- 
nization towards the lowlands of Scotland. The 
character of the movement was peculiar. It was not 
the bursting forth of an overcrowded population, 

* Mr Chalmers haying, in his " Caledonia/' alluded to the founder 
of the burgh as a Saxon chief, who built his mansion or tower in 
the ourre of the Slitrig, his MS8., preserred in the Adyocates' 
Library, have been examined, in order to discoyer the yarious read- 
ings, if any, of that diligent inyestigator. Unfortunately, howeyer, 
the MS. of " Caledonia" is wanting, the collection embracing only 
communications from correspondents, which throw no light on this 

The adjoining barony of Cayers was obtained from King Dayid I. 
by the Balliols, another great family of Norman origin, which gaye 
to Scotland her King, John de Balliol. In 1284 Alexander de Balliol 
of Cayers is classed among the magnat^i Scotice, 

t Preface to " Origines Parochiales Scotiae," p. 26, an excellent 
work, but which, from its expensiye form, is not likely to be so gene- 
rally known as it doseryes to be. 


seeking wider room. The new colonists were what 
we should call of the upper classes of Anglian families 
long settled in Northumbria, and Normans of the 
highest blood and names. They were men of the sword, 
above all servile and mechanical employment. They 
were fit for the society of a court, and many became 
the chosen companions of our princes. The old native 
people gave way before them, or took service under 
the strong-handed strangers. The lands those English 
settlers acquired they chose to hold in feudal manner, 
and by written gift of the sovereign ; and the little 
charter with the king's subscribing cross (f ), or his 
seal attached, began to be considered necessary to 
constitute and prove their rights of property. Armed 
with it, and supported by the law, Norman knight 
and Saxon theyn set himself to civilize his new ac- 
quired property, settled his vil or his town, built him- 
self a house of fence, distributed the lands among his 
own few followers and the natives whom he found at- 
tached to the soil, either to be cultivated on his own 
account, or at a fixed ferm on the risk of the tenant." 
The Lovels were lords of Yvery in Normandy, 
Kary in Northumberland, and Hawick in Scotland. 
Their family, whose name originally was Percival, 
came from Normandy. William Govel de Percival 
was surnamed Lupellus, or the Little Wolf. This 
became softened into Luvel or Level. About the 
year 1166 King William the Lion confirmed to the 
canons of Jedburgh, amongst others, a grant of 
Vghtredsaghe, with its right boundaries, by Mar- 
garet, the wife of Thomas de London, with consent 
of the same Thomas, and of Henry Level, the son of 
the same Margaret {Par, Orig., i. 370). We find 
that in 1183, or previously, Henry Level granted 
to the canons of St Andrews two oxen-gang of land 
in Branceulla (Branxholm.)* In 1208 John King 
♦ Register of the Priory of St Andrews, p. 261. 


of England, granted a charter to Henry Luvel, con- 
firming a renunciation by Matilda, the widow of 
Eodolph Luvel, in favour of Henry Luvel, his 
brother and heir ; whereby, in consideration of 23 
marks and 16 oxen, she relinquished to Henry her 
right of dower in the manor of Hunewic* In 1264, 
or subsequently, the Sheriff of Roxburgh accounts 
to the Chamberlain of Scotland for 100 marks, 
received as the relief of Richard Lovel,f for the 
Barony of Hawick, of which he is stated to have 
been then lord. In 1281 Sir Richard Lovel was 
one of the procurators of King Alexander III. in 
negotiating the marriage of his daughter with Eryc, 
King of Norway. t In 1296-97 Maurice Luvel, 
parson of Little Cavers, and Agnes, the widow of 
Henry Luvel; and in 1297 Richard Luvel, the son 
of Hugh, all swore fealty to Edward I. About the 
same period Hugh, William, and John Lovel appear 
to have been in the allegiance of the English king. 
Their adherence to Edward, says Mr Innes, seems 
to have cost the Lovels their ancient inheritance. 
In 1306 Richard Lovel prayed seisin of the lands, 
&c., of John de Soulis, in the shire of Dumfries, and 
also requested of King Edward the manor of old 
Rokesburgh, the right of his wife, daughter of the 
said John de Soulis, as the king had given him all 
the other lands of the said John. (Origines Parch 
ckidk ScotitB, i. 492; Rotuli Par., i. 466.) In 
1337 King Edward IIL granted to Richard Lovel 
and Muriel his wife, the manors of BrehuU and Sil- 

♦ Charter Rolls in the Tower Records. 

t There is in the Oeneral Register Honse a detached seal of 
Richard Lovel, which is thus described foy Mr Laing in his recent 
Catalogue of Scottish Seals, " A lion rampant, the back-ground 
seme of crosses. S. Ricardi Lovel." 

X " Origines Parochiales," i. 341, and « Act of Soot. Pari.," i. 81. 
In the Register of the Priory of SI Andrews, mention is made of a 
oharter of Robertus Lupellus Dominus de Hawio, probably in the 
13th century.— r»cf« p. 261. 


veston, to be held by them till the king should cause 
provide them with other lands and tenements of 
equal yearly value, in exchange for the manor of old 
Rokesburgh» which was part of the heritage of the 
said Muriel, and which the king, with consent 
of herself and her husband, retained in his own 
hands for the defence of the Castle of Eokesburgh. 
Afterwards the said Eichard and James Level, ^e 
son of Richard and Muriel, and heir to his mother, 
entered to the manor of old Eokesburgh, and held it 
for a long time, together with the manors of Brehull 
and Silveston, levying all the profits proceeding 
from them ; and the king, unwilling that prejudice 
and injury should thus be done to him, caused a 
conference to be held with Eichard Level touching 
this matter, when he, considering the king's right, 
gave up to him the manors of Brehull and Silves- 
ton, and afterwards, on further deliberation, wholly 
and for ever quit-claimed them to John de Molyns, 
to whom they had been granted by the king, and 
the king, therefore, by letters patent quit-claimed 
to Eichard and James Level the manor of old 

During the reign of David II. the Levels, who 
seem to have continued stedfast in the allegiance of 
England, and who appear in the rolls of its sove- 
reigns from 1296 to 1486,t attempted to recover 
their ancient patrimony. Thus we find that in 
1347 the same Eichard Level and his son James, 

* ** Par. Origines," i. 492. '* A green mound and a few heaps of 
stones are almost all that now remain of the Rozburghe of the 12th 
and 13th centuries — ^its castle, mint, churches, chapels, hospitals, 
mills, and streets of trading booths." — Mr Joseph Mobertson's Lecture, 
read before\ihe ArchcBologiocd Itutitute at Editiburgh^ 25th July 1856. 

t In the reign of Richard III. (1482-1483), we find Lovel one of 
that usurper's ministers — 

** The cat, the rat, and Lovel the dog, 
Rule all England under a hog ;" 
alluding to the names of Ratcliff and Catesby, and to Richard*^ 
arms, which were a }ao9s"^Hum6*tHiaiory of England, ohap. xziii. 


having represented to King Edward III. that they 
had peaceablypossessed the manor of oldEokesbnrgh, 
till taken from them by the sheriff on pretence of a 
certain ordinance of the king, concerning the taking 
into his hands of all lands granted by him in Scot- 
land ; he ordered the sheriff to restore the same, if 
actually found to be in the king's hands.* 

In the same year King Edward III. directed the 
sheriff of Roxburgh to restore to Richard Lovel the 
barony of Hawick, if on inquest had it should ap« 
pear, as alleged, that he and his ancestors had been 
from time immemorial seised in the said barony 
down to the time of the battle of Durham (1346), 
after which it had been taken by that sheriff in 
name of the English King.f 

In addition to the barony of Hawick,! held by 
Richard Lovel, his wife Muriel § and her ancestors 
had been from time immemorial seised in the one half 
of the barony of Eskdale, or, as expressed in another 
place, of Wathstirker or Eskdale. || . . . . Their 
connection with the barony seems to have ceased in 
the reign of King David II. (1329-1371), by whom 
it was granted to Maurice Earl of Stratheme. 

The Lovels were the ancestors of the Earls of 
EgmontlT and of the Lords Lovel and Holland. 
See Collin's Peerage of England, by Bridges, article 
" Lord Lovel and Holland." For further notices of 
the Lovels, see also Nicolas* Synopsis of the Peer- 
age of England^ Madox's History of the Exchequer^ 
and Harleian MS., 4268. 

• « Par. Orig. » i. 492. t " Soot. RoUb," i. 699. 

X The advowson appears to have been always in the hands of the 
lord of the manor, who for some oenturies bore the name of Lovel. 
—Par. Orig,, i. 339. 

§ They had a daughter of the same name. — Vide Nicoku^ 
Syn<yp9i»' II " Scot. Rolls," i. 697. 

^ Spencer Peroeyal, First Lord of the Treasury, who was shot in 
the lobby of the House of Commons by Bellingham in 1812, was of 
the Egtaont family. 



IV. Charter of the Barony of Hawick, under 
the Great Seal, in favour of Sir William 
Douglas of JDrumlanark,'^ 

James, by the grace of God King of the Scots, to all 
the good men of all his land, clergy and laity, greet- 
ing : — Know that we have given, granted, and by 
this our present charter have confirmed, to our lovite 
William Douglas of Drumlanark, Knight, All and 
whole the lands and barony of Hawick, viz., in pro- 
perty, the town of Hawick, with the mill of the 
same, the lands of Est Manys, West Manys, Crum- 
hauch and Kirktoun Manys, Flekkis, Murmese, 
Ramsay CI ewis, and Braidle; and in tenantry, the 
lands of Howpaslot, Chesholm, Quhithope, Dridane, 
Commonside, Ovirharwod, Emetschelis, Teneside, 
Carlinpuie, Nethyrharwod, Weyndislandis, Estir and 
Westir Heslihop, Langhauch, Laristoftis, Kirkwod,^ 
Hardwodhill, Quhitchester, Fenny k, Edgaristoun,J 
Edgaristoun Schelis, Quhonys,§ with their annexed 
tenants, tenantries, services of free tenants, advow- 
son and presentation of the churches and chaplain- 
ries of the same, with their pertinents, lying within 
our sheriffdom of Roxburgh: Which lands and 
barony, as well in property as in tenantry, with 

* From the register of the Great Seal, L. 17, No. 50. Commn- 
nicated hy James Gordon, Esq., 10 Windmill Street, Edinburgh, 
the translator, who has also been so obliging, in conjunction with 
Joseph Robertson, Esq., of the Register House, as to revise the pre- 
sent flheet. 

t Should have been Birkwod. See below, p. 101. 

X Probably Adderstone. These several lands, although situated 
in diverse parishes, and partly discontiguous, are still in the barony 
of Hawick, and will, no doubt, be found so described in their modern 
title-deeds. They probably comprised the entire regality of 
Hawick. See Acts of Parliament of Scotland, vol. iiL p. 650. — 

§ Called Quhulmes in the same work, vol. viii. p. 617. 


their annexed tenants, tenantries, services of free 
tenants, advowson and presentation of the churches 
and chaplainries of the same, with their pertinents, 
formerly belonged heritably to the said William 
Douglas and his predecessors, and were recog- 
nosced in our hands on account of the alienation of 
the greater part of the same, without leave or con- 
firmation of us or our predecessors thereupon had 
and obtained : And year and day having lapsed since 
the said recognoscing, and the same lands and barony 
not being let in wad, and the said William and all 
others having, or believing that they have, interest 
in the said lands and barony, being lawfully sum- 
moned to see and hear themselves decerned to have 
lost the same lands and barony in property and 
tenantry, and the same adjudged to pertain to us, 
and to have lawfully come into our hands by reason 
of forfeiture for the cause aforesaid, it was decreed 
and determined by the Lords of our Council, that 
all and whole the said lands and barony of Hawick, 
with their pertinents, tenants, tenantries, services of 
&ee tenants, advowson and presentation of the 
churches and chaplainries of the same, with their 
pertinents, should belong to us, and should remain 
with us in property and possession, and should be 
disponed of according to our pleasui*e ; forasmuch 
as the said lands and barony, as before said, were 
alienated without license, consent, or confirmation of 
us or our predecessors, as was clearly proved before 
the said Lords, as is more fully contained in the 
decree and judgment thereupon pronounced. More- 
over, for the good and gratuitous service performed 
to us of late by the aforesaid William, we have 
created, united, and incorporated, and by this our 
present charter, create, unite, annex, and incorporate 
all and whole the foresaid lands, as well in property 
as in tenantry, into one pure and free barony, to 


Erection into \ye called in all time coming the barony of Hawick 
•rooy. ^^ y^^^ ^^^^ ^^^ manor of Hawick be the princi- 
pal messuage of the same barony : And also, for 

Clause of ourselves and successors, we will and ordain that 
the seisins to be taken by the said William and 
his heirs at the said principal messuage, shall be 
sufficient, and stand for all and whole the lands of 
the same barony held of us in ward, and that the 
seisins to be taken by them at the Moit of Hawick 
shall be sufficient, and stand for all and whole the 
lands of the said barony, held of us in blench farm, 
without any other particular seisin to be taken at 
any other place of the said barony in time coming : 

Clause of And also, for ourselves and our successors, we have 
given, granted, and confirmed, and by this our pre- 
sent charter, give, grant, and confirm, to the said 
William and his heirs, all right, claim of right, title 
and interest, petitory and possessory, which our pre- 
decessors, we, or our successors, have had, have, or 
in any manner of way may have, in or to the fore- 
said lands and barony aforewritten, with its annexed 
tenants, tenantries, services of free tenants, mill, ad- 
vowson and presentation of the churches and chap- 
lainries of the same, or to the forms, profits, and 
dues belonging the same, or to any part of the fore- 
saids, by reason of forfeiture, recognoscing, alienation 
of the greater part, escheat, resignation, non-entry of 
the heir of the same, or by reason of property, or in 
any other manner whatever, supplementing all de- 
fects, for whatever cause foresaid, unto the day of 

BraSadati *^^ ^^^ ^^ these presents : And we have exonerated, 
quit-claimed, and renounced, and by this our pre- 
sent charter exonerate, quit-claim, and renounce, for 
us and our successors, to the same the said William 
and his heirs for ever, promising, of our certain know- 
ledge and proper motive, never to raise litigation 
thereon in time coming : — To be held and had, all and 


whole the said lands and barony of Hawick, viz., in TenendM. 
property the town of Hawick, with the mill of the 
same, the lands of Est Manys, West Manys, Crum- 
hauch, Kirktown Manys, flekkis, Mnrmese, Ram- 
say Clewis, and Braidle ; and in tenantry the said 
lands of Howpaslot, Ghesholme, Qnhithope, Dri- 
dane, Gommonside, Ovirharwod, Emetscelis,* Tone- 
side, Garlynpnle, Nethirharwood, Weyndis Landis, 
Estir and Westir Heslihope, Langhaudi, Laristofbis, 
Birkwod, Hartwodhill, Quhitcestir, Fennyk, Ed- 
garistoun, Edgaristoun Sdielis, and Quhomys, with 
their annexed tenants, tenantries, services of free 
t^iants, advowson and presentation to the churches 
and chaplainries of the same, with their pertinents, 
xmited, created, and incorporated into one pure and 
entire barony, as is before said, to the said William 
and his heirs, of us and our successors, in fee and 
heritage, and in free barony for ever, with all its in free 
right, meiths, and marches of old, as they lie in "°^^'' 
length and breadth, in woods, plains, moors, marshes, 
ways, by-ways, waters, stanks, streams, meadows, 
pastures and pasturages, mills, multures and their se- 
quels, fowlings, huntings, fishings, peateries, turfages, 
collieries, quarries of stone and lime, smithies, brew- 
houses, furze and broom; with courts and their with Courti 
issues, herezelds, bloodwits, and fines of women : 
With pit, gallows, sok, sak, thole theme, in-fang pt wa^ai- 
theif, out-fang theif, pit and gallows, with fr^ pree Forett, 
forest where woods and growing trees exist, with Re- 
vert and venison; and escheates and fines accord- 
ing to the forest laws ; and with all other liberties, 
conveniences, and easements, and just pertinents 
whatsoever, as well specified as not specified, as 
well above the earth as beneath the earth, far and 
near, belonging, or which may in any way justly in 

* In original this word is somewhat differently spelt here from 
what it is at the beginning of the charter. 


future belong to the foresaid lands and barony, with 
their tenants, tenantries, and pertinents of the same, 
Thetown of foresaid: And the said town of Hawick, with the 
the privileges liberties and privileges of a burgh in barony, and 
Barony!^*^^*" u/itA all the dauses necessary to the creation of a 
burgh in barony^* freely, quietly, fully, entirely, 
honourably, well, and in peace, without obstacle, 
question, contradiction whatever : Paying the said 
Reddendo. William and his heirs annually, to us and oar suc- 
cessors, for the said town and mill of Hawick, lands 
of Est Manys, West Manys, Crumhauch, Kirk- 
town Manys, Flekkis, Murmese, Ramsay Clewis, 
An arrow, and Braidle, with their pertinents, one arrow on the 
Feast of the Assumption of the Blessed Virgin Mary, 
at the said principal messuage of Hawick, in name 
of blench -ferme, if it be demanded only ; and for all 
And tt d *^^ whole the other lands aforewritten, one suit at 
ingtheHea<i any One of the three head courts of our sheriffdom 
Sheriffdom!'^ of Roxburgh, with the wards and reliefs of the 
foresaid lands, and marriage fines when they shall 
occur. Wc have also given and granted, and by this 
our present charter give (and) grant to the said 
William and his heirs, our full license, consent, and 
assent, to infe/t by charters and seisins all the free 
hrfSt'the free *«want« of the said barony of Hawick in their tenant- 
Ha^(Scby "®®» ^^ freely and in the same manner as they 
Charter and held the Same before the said forfeiture; which 
infeftments to be made to the said tenants for our- 
selves and for our successors, now as then, and 
then as now, we approve, ratify, and we will and 
ordain that the same infeftments shall be free of loss 

♦ It might formerly have been doubted whether the burgh char- 
ter of 1537, granted by a mere subject, was not beyond the powers 
of its author, in so far as it created a corporation with such ample 
powers to the magistrates ; but this clause, for the first time brought 
to light, constitutes a clear warrant for the act. In the various 
discussions, however, which have occurred regarding the constitu- 
tion of the burgh, the present charter is never referred to, nor doea 
even its existence seem to have been then known. — Ei>, 



and risk of forfeiture, or recognoscing to the said warrandice 
William, his heirs, or his tenants, in the enjoyment *^®'®*^^ 
of the said tenantries, and shall be of as much 
strength and effect as if they had been confirmed 
under our Great Seal : Reserving to the said William 
and his heirs, of the like rights, privileges, and dues 
of the said tenantries and tenants, as he or his pre- 
decessors had, or might have had, before the said 
forfeiture. In witness whereof, we order our Great 'r^^'^^K 
Seal to be affixed to the present charter, before these 
witnesses, the Most Reverend and the Reverend Fathers 
in Christ, Alexander Archbishop of St Andrews, 
&c., our chancellor, William Bishop of Aberdeen, 
keeper of our Privy Seal, Andrew Bishop of Caith- 
ness, our treasurer ; our beloved cousins Alexander 
Earl of Huntlie, Lord Baidyenach, Archibald Earl 
of Ergile, Lord Campbell and Lome, master of our 
household, Matthew Earl of Levenax Lord Demelie, 
Alexander Lord Hume, our great chamberlain, 
Andrew Lord Gray, our justiciar ; our well beloved 
clerks. Masters Gawin Dunbar, Archdeacon of St 
Andrews, clerk of the rolls of our register and coun- 
cil, Patrick|Panter, rector of Tannades, our secretary, 
and Robert Colvill of Uchiltre, director of our chan- 
cery, at Edinburgh, the fifteenth day of the month 
of June, in the year of our Lord one thousand five 
hundred and eleven, and of our reign the twenty- 

V. Observations on the Tenure of Urban Tene- 
ments in Hawick, 

The late Professor Hume, in his Academical Lec- 
tures on the Law of Scotland, when treating of 
tenures thus remarked : " Before leaving this sub- 


ject of the different sorts of tenure treated of in our 
books, as distinct and almost inconsistent with each 
other, I must obserre that in point of fact we do 
not, when we go far back, always see them kept 
distinct, but often blended the one with the other. 
We find, for instance, many old charters which sti- 
pulate military tenure, and along with it the pay- 
ment of a sum of money. There is a charter of 
Robert I. to be holden not only for military service, 
but also Beddendo inde duodeeifn libras. Another 
charter of the same parties of the lands of Hassen- 
dean to James Cunningham bears a reddendum of a 
pair of gilt spurs nomine feudifirmm. Such a red- 
dendum must be considered as indicating rather a 
blench-holding ; and we should expect to find it in a 
blench-charter. But it sometimes occurs nomine 
feudifimMb, The like occurs in charters to the 
royal burghs. Thus there is a charter which stif%j^ 
fates a payment of money only. This charter also 
sets out with the grant in the style of a feu-holding. 
There is the like charter to the burgh of Linlithgow. 
Again the burgh of Dumbarton has a charter dated 
in 1609, which is still more singular. It is in feu- 
farm, heritage, and burgage, thus expressly confound- 
ing them. Among the charters of David II. and 
Robert II. we find those granted to individuals 
directly by his Majesty, and the stipulation, in some 
instances watching and warding, and some payment 
to be made. In some instances, also, the civil tenure 
seems to have been confounded with the mortifica- 
tion tenure, as in a charter of 11th October 1537 to 
the burgh of Hawick." 

On these and other obvious grounds it has con- 
sequently been a frequent subject of inquiry by non- 
resident legal practitioners how the form of title 
adopted here can be explained. Assuming that Ha- 
wick never had been a royal burgh, it has been asked 


how a form understood to be exclusively applicable 
to such burghs came to be followed. The answer 
generally returned to these inquiries has been — ^that 
as to the principle of the rule no other solution 
could be advanced than the old one, Non wnnium quoB 
a majoribus constituta sunt ratio potest reddi ; but 
as it had been adhered to with surprising uniformity 
for at least three centuries,^ — ^in fact,from the earliest 
period of record, — its validity, on the ground of such 
inveterate and uniform practice, was never doubted. 
Counsel having been consulted on the subject in 
1854, an opinion was returned by George Graham 
Bell) Esq., advocate, to the following effect : — 

^' I am of opinion that the progress exhibited is 
not liable to any valid objection, and that conse- 
quently the memorialists may take the proposed 
security. Although the form of the title to the pro- 
perty in the town of Hawick is peculiar, I think it 
must be held valid in consequence of the long and 

* Thus, as an instance, although not the earliest, in 1648 James 
Soott dispones to David Scoct a tenement in High Street, and 
obliges himself to infeft the purchaser, " be twa several infeft- 
ments, the one whereof to be holden of me, my airs and successors 
in free blench, for the yearly payment of ane penny money of this 
realm, at the feist of Whitsunday, upon any part of the ground of 
the said tenement, in name of blench-farme, gif the samyn beis 
askit allenarlie, and the other of the said infeftments to be halden 
frae me of my immediate lawful superiors of the said tenement 
in frie bwrtfogey as the rest of the tenements in Hawick haldis the 
samyn ;" and the proouratory of resignation empowers the mrocu- 
rator " to compear before the right noble and michte Earle James 
Earl of Queensberry, &c. &c., his sheriffs and barrounes of the 
barronie of Hawick, my immediate lawful superiors thereof, or be- 
fore any one of the bailies of Hawick, present or to cum, having 
power and use to receive resignations." There is said to be extant 
a sasine, dated 1554, in which infeftment is stated to have been 
given by the bailies, ** uti mori» est burgorum,** See printed record 
in process, Hawick v. Wilson and Potts, 1831. It is not unworthy 
of notice, that prior to 1836 a fee was paid to the bailies in receiv- 
ing resignation and giving new infeftment. It were to be wished 
that the fee had been modified rather than abandoned altogether, 
as it was a mean of keeping alive the recollection of an ancient 
praodoe. — See the Berne MS, ,* Thomson Acta, vol. i. 


inveterate usage by which it is confirmed. The doc- 
trine of usage or consuetude has been frequently re- 
cognised as sufficient to establish peculiar tenures or 
form of titles. The tenure and form of title adopted 
in Hawick is quite conformable with the charters of 
the town. It seems even to be recognised by almost 
express authority. Lord Bank ton says, ' But in 
some borows of regality the heirs are, by immemorial 
use and custom, received by hasp and staple, as 
likewise in singular successors by resignation and 
seisin contained in one instrument more burgi in the 
same manner as in royal borows. This is the case 
of the town of Musselburgh and others.' (^Bank- 
ton, ii. tit. § 80.) I understand the form of title used 
in Musselburgh to be substantially the same as that 
adopted in Hawick ; see also case of Scott i;. Deans, 
July 16, 1629, Mor. 6899. The validity of the 
title may also be regarded as proved by the fact that 
it has been acted and relied upon apparently for cen- 
turies, no direct challenge having ever been raised 
against it. I am aware that the title was very fully 
canvassed about twenty-five years ago in mutual de- 
clarators brought for the purpose of trying a claim 
made by the town-clerk of exclusive right to expede 
all the sasines of property within the town held 
under Drumlanrig's charter. Although the pecu- 
larity in the tenure and form of the title was fully 
argued upon, I scarcely think it was there main- 
tained that the tenure and title were not good in law 
to the owners of the property. The real difficulty 
in the case was, how far the exclusive privilege or 
monopoly claimed by the town-clerk could be consti- 
tuted by usage alone. No judgment was ever pro- 
nounced in the case." * 

The case of Musselburgh, to which allusion is 

• Communicated by Thomas Purdom, Esq., writer, Hawiok. 


made by counsel, will be understood from the sub- 
joined queries in a case submitted to Lord Advocate 
Rutherfurd in 1847, with his Lordship's opinion 
thereon : — 

" Query I. Whether, considering the original con- 
stitution of the Burgh of Musselburgh by royal 
charters confirmed by acts of Parliament, and con- 
taining power to the bailies of the burgh, as bailies 
to Her Majesty, to receive resignations and to grant 
new infeftments, and the practice down to the present 
time of adopting the burgage form in the convey- 
ances and sasines of heritages in this burgh, this 
form should still be adhered to after the Transference 
of Lands Act comes into operation, and if the forms 
should correspond with the Burgage Act (cap. 49), 
§§ 1 and 2, and schedules A and D thereof, and yet 
the sasine still continue to be recorded in the county 
register as heretofore ? or, 

" II. Whether, seeing that the terms of the ancient 
charters and acts of Parliament authorizing the ma- 
gistrates to receive resignations and grant infeft- 
ments, have been somewhat varied in practice^ and 
that the bailies have received resignations and 
granted infeftments as representing the Town Coun- 
cil and community of the burgh, as immediate law- 
ful superiors of the subjects, and that there has been 
no burgh record of sasines for about two centuries, 
the forms of conveyance of what have hitherto been 
denominated burgage subjects in Musselburgh should 
be in terms of sections 1st and 2d, and relative 
schedule A of the Act, cap. 48, for the transference 
of lands not held in burgage tenure, notwithstand- 
ing that the Musselburgh subjects do, with the ex- 
ceptions mentioned in this query, possess all the 
other characteristics of the strict burgage holding t 

'^ III. Considering the nature of the rights in this 
burgh as before pointed out, and there being no 


burgh register of sasines; also keeping in view 
ihat the practice to grant heritable bonds with pre- 
cepts over burgage-subjects is not an uncommon one, 
what, in the opinion of counsel, should be the form, 
especially what should be the express terms, of the 
clause of registration in bonds over Musselburgh 
subjects under schedule A of the Act, cap. 50 ? 

" IV, Would counsel reckon it proper that the 
register of sasines in this burgh should be resumed, 
not so as to supersede the registration in the county 
register of sasines as at present, but so as to fortify 
the titles, and adopt the spirit of section 6 of the 
Act, cap. 49, in the event of his considering that this 
act does, under all the circumstances, apply to 
Musselburgh property ?*' 

" I. and JI. The very anomalous tenure of tene- 
ments within the burgh, and the inconsistent prac- 
tice which appears to have been followed in varying 
the tenure from burgage to feu in the same pro- 
gress, present some difficulty in the application of 
these acts, which, however, it will be observed, are 
permissive, not compulsory. At the same* time the 
difficulty is more apparent than real, and I think the 
memorialists will be safe in adopting the abbreviated 
clauses from either Act as suits the tenure. Thus, I 
am of opinion, that in the case where the tenement 
is held de facto more hurgi^ parties will be safe in 
adopting, as near as the case will admit, the forms 
of the 10th and 11th Vict., cap. 49. In the other 
cases, where the holding has become that of a feu- 
holding, I should advise the abbreviated form of 
the 10th and 11th Vict., cap. 48, to be followed. It 
does not appear to me that any solid objection could 
be stated to the use of the abbreviated forms in either 
of these cases. The sasine must be registered as 


before in the General Register of Sasines, or in the 
County Register. 

" III. I am of opinion, in the circumstances, that 
the clause of registration in bonds to be granted under 
the statute here referred to, must be for registration 
in the General or Particular Register of Sasines, not 
in the Burgh Register. 

*• IV. I should not think it proper to attempt any 
resumption of the Burgh Register of Sasines. I see 
no ground upon which such a course can be recom- 
mended, and the parties are quite safe in continuing 
the registration which has hitherto been in use. I 
have nothing further to suggest."* 

From the terms of this opinion, his Lordship 
evidently looked upon the ancient tenure of Mussel- 
burgh as being proper burgage, to which, conse- 
quently, the rules prescribed by the Act 10th and 1 1th 
Vict., cap. 49, were applicable. It is understood, 
however, that the Lord Advocate's suggestion has 
not been literally adhered to, the advantages of a 
purely burgage-tenure having outweighed all other 
considerations ; so that where the original title is ex 
facie of the older writs burgage, the feu-form has 
been abandoned for the ancient mode. 

In connection with this subject, it is further satis- 
factory to be enabled to refer to another burgh, which 
closely resembles Hawick, both in the terms of its 
charter of incorporation and mode of tenure. This 
is the burgh of barony of Leslie in Fifeshire, which 
is independent of its superior the Earl of Rothes. 
By its charter power is conferred on the bailies to 
receive the entries of heirs and resignations of the 
inhabitants, and to grant heritable infeftments there- 
upon, to be holden of the earls in feu-farm and per- 
petual emphyteusis, heritage and free burgage. In 
• Commnnioatod by Thomas Lees, Esq., town-olerk, Musselburgh. 


the transference of property, the dispositions uni- 
formly contain an obligation to infeft by resignation; 
the holding is under the Earl of Rothes, and the re- 
signation is in the hands of the bailies of the burgh 
for the time being, as in the hands of the earl, and 
no precept of sasine is granted. The instrument 
taken thereon is an instrument of resignation and 
sasine, similar in form to that adopted in royal 
burghs, and it is recorded in the County or General 
Register of Sasines. The entry of heirs is by cog- 
nition and sasine, and the symbols are h<isp and 
staplcy just as in royal burghs, with the addition of 
earth and stone, and the instrument is similarly re- 

It will thus be seen that the resemblance between 
Leslie and Hawick, as regards the terms of their 
charters, as well as in the matter of tenure and form 
of title, is so very close, that whatever legal construc- 
tion is put on the one may be held as applicable to 
the other. 

After the passing of the late Conveyancing Acts, a 
doubt appears to have occurred to the magistrates of 
Leslie, whether the statute 10th and 11th Vict., cap. 
49, relating to burgage tenures, or the corresponding 
statute, 10th and 11th Vict., c. 48, relating to non- 
burgage tenures, was applicable to that burgh. To 
solve this doubt, they, in May 1849, laid a case be- 
fore the then Lord Advocate Rutherfurd and Alex- 
ander Currie, Esq., advocate, who returned the foU 

"We are of opinion thattheAct 10th and 11th Vict., 
cap. 49, does not apply to the burgh of barony of 
Leslie, but thattheAct 10th and 11th Vict., cap. 48, 
may be so applied. We must observe, however, that 
the Act 8th and 9th Vict., cap. 35, § 7, specially 
excepts such cases as the present, and that with re- 


ference to that exception, and the very convenient 
form of conveyance which is prescrihed or permitted 
by the charter of the burgh, it may be more than 
questionable whether the memorialists should avail 
themselves of the Act 10th and 11th Vict., cap. 48, 
or whether they should not continue to complete their 
titles as formerly, relying on the ancient usage and 
the authority of such cases, as that of Chalmers 
and others v. Magistrates of Paisley, 9th June, 
1829, Sh. & D., vol. vii.,p. 718 ; and others. 

" 2. We are of opinion that the mode of completing 
titles hitherto adopted is valid, and that while that sys- 
tem is followed, the superior is not entitled to entry 
or composition. But if the mode of completing 
titles be varied, as by having direct recourse to the 
superior, or by the adoption of the Act 10th and 11th 
Vict., cap. 48, we are inclined to think that the 
superior's right to entry and composition will open 
as accords of law. Although it may be plausibly 
contended that the grant of the burgh is equivalent 
to a taxation of entry and composition, still, we do 
not think that this can be quite relied on, and it 
affords another reason for continuing the form of 
the burgh infeftment." * 

In further elucidation of this question, it may be 
observed, that a paper has lately been brought to 
light from the burgh archives, dated 1667, of the 
following tenor : — 

" The resolution (t. e, opinion) of Mr Thomas 
Nicolson and Mr John Gilmour, advocates, 
anent the town-charter of Hawick. 

" Isty If the vassal lie non-entered, the bounding 
charter will not hinder the Earl to pursue non-entry ; 
but if the present vassal be infeft by the bailies, ac- 
* Communioated by R<^er Blaok, Esq., towxi-«lerk of LesUo. 


cording to old use and wonty it will stop the non- 

<< 2dOy The power of reoeiving resignations con- 
tained in the original charter extended to resigna- 
tions made in favour of any person whatsomever, 
whether stranger, or such as have lineally descended 
from those to whom the first charter was granted. 

<< 3tto, The bounding charter needs not to be re- 

" 4to, If a several ratification be taken by every 
heritor of their particots, it will not prejudge the 
town and community anent the entry of heirs. Al- 
beit the charter bears not that power per exprea- 
sum^ yet seeing it bears that the original infeftments 
were burnt, and that they have power to give infeft- 
ment upon resignations quod est magia^ and since 
they have been in use both before the charter 1637 
and after, to receive heirs, it is our judgment that 
the Earl cannot quarrel that power. 

" 6. If any take a new right from the Earl of 
their particots, it shall be expedient in that right to 
express that the receiver shall have right and power 
to enjoy all the privileges contained in the original 
chai*ter. And hence we conclude there is no danger 
of the summonds of non-entry, the haill vassals 
being infeft as said is. 

" There are about 124 particots in Hawick." 

This memorandum or opinion (discovered in Au- 
gust 1854, and subsequent to the date of Mr Bell's 
opinion) seems to refer to the disputes which, in the 
time of King Charles II., subsisted between Lord 
Queen sherry and the burgh. In the matter of tenure, 
it is satisfactory to find so close a coincidence of 
opinion between counsel at the distance of nearly 
two centuries. The writing is farther highly satis- 
factory, as establishing that there was a burgage 
tenure anterior to the burgh charter of 1537. 


VI. Charge against the Bailies of Hawick, 

Begistrum Secreti Concilii Acta, 

Apud Halyrudhous tertio die mensis Octobris 

Forsameikle as the personnes underwritten^ thay 
ar to say, AUane Deans Millar, Allan Wilsoun, 
George Dicksoun, callit the Wran ; John Rewcastell, 
Walter Scot, maltman-; John Tait, pyper ; William 
Beatison, Robert Lidderdaill, callit the Corbee ; and 
Robert Langlands, all inhabitants within the town 
of Hawik, ar lawfuUie and trewlie given up be those 
whom it concemis to be personnes fitt to be im- 
ployed in his Majesties service in the warres. Lykeas 
alsua James Wand, officer, James Towdop, William 
Scot, callit the young Gillie ; Johne Laing, pyper ; 
William M'Vite, Walter FouUer, and Andro Deanes, 
alsua inhabitants of the said toun of Hawick, ar 
personis of the rank and qualitie foresaid, and fitter 
to be employed in his Majesties service nor to be 
suffered loyttering at hame, as has been fund be the 
most pairt of those who has accesse to the inroUing 
of the said personnes, altho' they cannot agree all 
in ane voyce thereupon. Nevertheless the per- 
sonnes foresaid shunnes his Majesties service, and 
refuses to enter therein and embrace the same, and 
be thair example gives occasion to uthers, who ar 
given up for his Majesties service to 
and shift the same. Therefore the Lords of Secret 
C!ounsill ordains letters to be direct, charging the 
bailleis of Hawick to bring, present, and exhibite the 
haill personnis above written, before George Ves- 
count of Duppline, his Maiesties Chancellor, upon 
Saturday nixt, the saxt day of October instant, to 


the effect he may give ordour for their employment 
in his Majestie's service, under the paine of rebel- 
lion, and putting of the saids baillies to the home, 
or ellis that they compeire personallie before the 
Lords of his Majesties Privie Counsell upon the 
nynt day of October instant, and shew a reasonable 
caus why they sould not exhibite the personnes above 
written, with certification to thame, if thay failyie, 
letters sail be direct simpliciter to denounce thame 
rebellis, and put thame to the home, and to es- 
cheate, &c. 

VII. Valuation of the Lands in the Parish of 
Hawick in 1627.* 

Ane tryell and valuatioune maid of the lands within 
the parochine of Hawik, gevin up be Rob*. Eliot 
of Fallenesche, Walter Chisholme in Parkhill, 
Walter Gledstains in Quhitlaw, James Scot in 
Newbigging, Johnne Scot in Quhitope, Rob*. 
Scott, bailyie, and Rob*. Scot, bailyie of Hawick, 
Rob*.Rewcastel thair, and Mr Rol *. Cunninghame, 
minister at Hawick, all having gevin thair oath 
before y® Presbyterie for y* effect. 

In this parochine there are 800f communicants. 
The paroche is 8 mylles in lenth, so that there are 
some rowmes 8 mylles or thairby from the kirk, 
which is in the east end of the parochine. It is 
likewyis 2 mylles in breid in some pairts of y« 

It is ane spiritual benefice, a laick patronage before 
the Reformation. The Earle of Bukcleugh is pa- 

• From the original valuation among the archlyes of the £irk 

t This seems a yery great number ; but the figures are quite dis- 
tinct in the MS. 


trone, who payis to y® minister 800 merks yeirlie, 
and leidis y® teynd. 

Thair is no fundatioune for ane schole ; thair is 
no provision for ane schole, bot thair is verie great 
necessitie of a schole, since thair is ane laurge 
tonne whiche has no common gudes at this tyme, 
nor casualties wherebie they may sustene a schole- 
maister ; and since it is in a remote pairt of y« 
kingdome, where there is great ignorance, ane of the 
chief causes thairof being this, for want of scholes 
q^ children may be educat. 

The particular valuatiounes of the particular 
rowmes of y® said parochine. 

Imprimis, thair are 28 husband lands in the toune 
of Hawick, paying presentlie 200 bolls of victuall in 
stok. This is estimat to pay communibus annis^* 
fyve scoir and 12 bolls in stok, and 28 bolls in teynd. 

Item, thrie lands callit Weyndslands, paying no weynds- 
some; estimat to pay in stok 12 bolls, in teynd Sj^"^^*" 
communibus annis. 

Item, three lands callit the Schawls, paying pre- schawia 
sentlie 12 bolls ; estimat to 8 bolls in stok and 2 
bolls in teynd, communibus annis. 

Item, ane land callit the Trowhauch ; estimat to 4 Trowhanch. 
bolls in stok, 1 boll teynd, com. an. 

Item, the Trinity land, paying presentlie 20 bolls ; Trinity land, 
estimat in stok to 12 bolls, in teynd to 3 bolls, com. an. 

Item, the Ladyland, estimat to 4 bolls in stok, Ladyiand. 
ane boll in teynd, com. an. 

Item, tua lands in Burrow rudes, estimat to pay 
8 bolls in stok, 2 bolls teynd, com. an. 

Item, y® Kirkland, payand presentlie 32 bolls in Kirkiand. 
stock, estimat in stok to 12, and 3 bolls of teynd, 
com. an. 

• That is, one year with another. 





Myn land. Item, the Myll land, estimat to pay 3 bolls m stok, 
and 3 firlotts teynd. 

HiUidancL Item, HiUisland, paying 12 bolls, estimat to 8 in 
stock, 2 in teynd, com, an. 

Bumflat. Item, the Bumflat, estimat to pay 4 bolls in stok, 

1 in teynd. 

Cmmmach. Item, Grammach, it payit 20 bolls aits ; estimat to 
8 bolls yictuall in stok, 2 bolls teynd. 

All thir 61 lands adjacent to y« tonne are esti- 
mat to pay nyne scoir 15 bolls in stok, 49 bolls in 
great teynd, laik ane firlot, and 20 libs of vicarage. 

Lands distant from the Kirk anemylle. 

Imprimis, the lands of Quhitlaw, 1 myll from the 
kirk, neuer payit ferme^* estimat to pay 100 merkis 
in stok, 2 bolls in parsonage, 5 lbs. in vicarage. 

Item, the Flex, estimat to 100 merks in stok, par- 
sonage 2 bolls, vicarage 5 lbs. 
GowidUands. Item, Gowldilands, nener payit ferme ; estimat to 
pay 100 lbs. in stok, parsonage 3 bolls, vicarage 
7 lb. 10 sh. 

Lands distant 2 or 3 myUis, 

Phenik. Phcnik neuer payit ferme ; estimat to pay 8 bolls 

in stok, parsonage 2 bolls, and vicarage 3 lbs. 
Altonne Groftes is of that same nature. 
Raisknow pays presentlie in stok and teynd 26 
bolls ; estimat in stok to 14, and 3 in parsonage, 4 
lbs. in vicarage 

Alanehauchmyll, estimat to pay 2 bolls in stok, 
half boll in teynd. 
Qiihichesten. Quhichesters, estimat to 16 boUs in stok, 4 bolls 

parsonage, 7 lb. 10 sh. vicarage. 
Upper South- Upper Southfield payis in stok and teynd 15 bolls ; 
estimate in stok to 8, in parsonage 2 bolls, vicarage 
3 lbs. 





* t. e.t probably had never been let to a tenant for rent. 


Nether Southfield of that same nature. Nethw 

Hawick Scheills of that same nature ; yiearage ^^^j^^ 

4 lbs. ScheUla. 

All thir are estimat to pay in teynd 24 bolls, and 
one half in parsonage, and y^ vicarage estimat to 

45 lbs., com. an. 


Lands distant 3 m^lls from the Kirk, 

Branxholmetoune payis presentlie 32 bolls in stok Branzhoime- 
and teynd ; estimat to pay 16 in stok, 4 in parson- *^^^ 
age, 7 lb. 10 sh. in teynd, com. an. 

Branxholme Maynis is estimat of that same rate. Branxhoime 

Todschahill payis 21 bolls stock and teynd ; esti-^**^°^ 
mat to pay in stock 12 bolls, parsonage 3 bolls, 3 lbs. 

Todschahauch, estimat to pay 6 bolb in stok, 1 J®^^*- 
boU half boll in teynd, 3 lbs. vicarage. 

Ghapelhill pays in stok and teynd 15 ; estimat in Chapeihm. 
stock to 8, in teynd 2, and vicarage 3 lbs. 

Castelhill pays 16 in stock and teynd ; estimat ac- casteihiu. 
cording to the former. 

Vailles estimat (not legible) . lbs. vicarage. VaJiies. 

All thir in parsonage, teynd, are estimat to 32 
bolls in great teynd, in small to 30 lbs., com. an. 

The rowmes that follows are for y« most pairtfar 
dUtant fra the kirk, some 4, 5, 6, 7, 8 mylles, the 
most pairt has either no come, or very litill, grow- 
ing, for they are hieland rowmes set for maill. 
Imprimis, the Hott, it may pay com. an. in stok Hott 

50 merks, in teynd 10 merks. 

Item, 7® 25 merk land of Teynsyde, estimat com Teynside. 

to 500 merks in stok, and to 100 merks in teynd. 
Item, the 12 lb. land of Commonside, may pay 

com. an. 240 lb. in stok, 48 lb. in teynd. 

Item, the Weynis may pay com. an. 40 merks, 8 

merk in teynd. 










and Noirhop. 


Mnalie and 



Item, FaUinesche, estimat to 300 merks in stok ; 
in teynd to 40 lb. 

The Mirrinies may pay 40 lb. in stok, and 8 
merk in teynd. 

Heislope, no com growing tbereon ; estimat in 
stok to 100 lb., in teynd to 16. 

Lango water, siclike ; estimat to 20 lb., 3 lb. in 
teynd. No come. 

Blackcleugh, estimat in stock to 20 lb., vicarage 
4 lb. ; no com. 

Item, Easchegrane, Ormscleuch, Gommonbrae, in 
stok 120 lb., in teynd 20 lb. 

Howpaslot, in stok estimat to 300 merks, vicar- 
age 32 lb. 

Item, Craikhope and Noirhop, estimat to 100 lb., 
vicarage 16 lb. 

Item, Eilrig to 200 lb., in vicarage to 32 lb. 

Item, Phillip to 200 merks, vicarage 20 lb. 

Item, Braidleyis, estimat to 50 lb. in stok, 10 lb. 
in teynd. 

Item, Muslie and Wodburne to 120 lb., vicarage 

Item, Chisholme 120 lb., vicarage 20 lb.; Park- 
hill 100 lb., vicarage 20 lb. ; Lairhope to 50 lb., 
and vicarage 10 lb. 

Quhoims estimat to 40 merks, vicarage 8 merks. 

Quhittope is ane corne rowme estimat to pay 16 
bolls com. an,, 3 bolls in personage, 7 lb. 10 sh., in 

This is the valuation of the whole rowmes within 
y® Parochine of Hawick in stok and teynds, &c. 
Witnesses to the subscriptioun of y® fornamit per- 
sones valuars of the said lands, subscryvit upon y« 
fyftene day of Julii, anno 1627 : viz., John Scot 

* Bortbwick water seems to have formed the northern boandary 
of the parish. 


Rob* Eliot of Fallinesche, Walter Gledstains in 
Quhytlaw, James Scott in Newbigging, and John 
Scot in Quhitop above namit, with our hands at y« 
pen led be y® notar, underwritten at our command. 
Ita est Andreas Sword, Notarius Publicus, de man- 
dato diet, parsonarum scribere ut asserunt nescien. 
requisitus testantibus meis signo et subscriptione 
manualibus. (Signed) Robert Scot, Baillie, w^ my 
hand; Walter Chisholme, Ro. Rowcastell, R. Con- 
inghame, minister at Hawick ; Robert Scot ; Johne 
Scot, witness ; James Gledstanes, witness ; Johne 
Sword, witness. 

Ana Answer to certain articles q^unto some of 
our elected sworne men would not subscryve ; 
given up by the Minister. 

1. First, anent the scool ther wad be ane hun- 
dreth punds allowed for the maintaining of a scool 
in this large toune. 

2. There are heir sum lands, viz*., the kirk land, 
extending to 32 acres of land, possest by my Lord 

There is a three merk land, called the Trinity 
land, possessed by my Lord Buccleuch and Walter 
Gladstanes of y® Dod. 

Ther is a land, called the Ladyland, possessed by 
Sir Walter Scott of Goudilands, ther are sick lands 
as are pretendit to belong to the kirk. Thir articles, 
some of the sworn men, viz*., Robert Scot, presentlie 
bailie at Hawick, and Walter Gladstanes of Whitlaw 
wad not suffer to be insert among the rest, q»"for I 
could not leave out thir having sworn to obey the 
articles of the commission, and therefor I have sub- 
scribed thir with my hand. (Signed) R. Cunning- 
hame, minister at Hawick. 


VIII. Oommissioih by the Town-Council in fa- 
vour of pa/rt of their number to proceed to 
Edinburgh^ for the purpose of concerting an 
equal division of the Common between Lord 
Qv^ensberry and the JBurgh* 

We, the persons undersubscrybing, the ane of the 
present bailies and councillors of the towne and 
burgh of Hawick, and twa for everie trade, as repre- 
senting the whole body, communytie, and incorpora- 
tion of the said burgh, be the tenor hereof, give and 
grant full power, warrant, and commission, to Walter 
Scott, the uther present bailie of the said burgh of 
Hawick, and to James Bume, Walter Chisholme, 
Walter Purdome, and James Thorbrand, late bailies 
thereof, conjunctlie^ to repair to Edinburgh the 27th 
day of February instant, and there to settle and 
agree with the noble and potent Erie William Erie 
of Queensberrie, &c., our noble lord and superior, 
anent the equall divisioun, between his Lordship and 
the said Burgh of Hawick, of the commone of the 
said burgh (the burgh having the first choyse), and 
confirmation of the originall rights or charters of the 
said burgh, and whole ancient rights and privileges 
thereof, and granting, settleing, and establishing to, 
and upon the said burgh, of all and whatsumever 
the remanent, benefices, privilidges, and immunities 
contained in such severall Articles and overtors to 
be represented to his ILo^, thereanent, as ar or sail 
be consulted, moved, and proposed be our said com- 
missioners in order thereunto, with the best advyse 
and information of men of law and judgement ; and 
which are holden as for exprest in this our commis- 

* From the original draft among the archives of the Burgh of 


sion : And that in sic sure forme and manner as 
sail be most effectuall of the law, and conduceable 
to the good and benefite of the burgh : And upon sic 
reasonable and equall termes and conditions, as with 
advyse of a lawer and advocate may be most con- 
veniently agried unto and condescended upon : And 
with full power also to our fyve commissioners foir- 
said conjunctlie to doe everie thing requisite anent 
the premises, that we, and every person heirin inte- 
rested and concerned, might doe our selfFes, if we 
wer personallie pressent, tending to the good and 
Weill of the said towne and burgh, benefices, frie- 
domes, and priveledges thereof, as they will answer 
to God and ane good conscience. And this our 
commission to stand and continue in full force 
and effect ay and whill the sixt day of the month of 
Marche next ensuing exclusive allenarlie, that report 
may be made of their due and faithfull diligence, as 
accords ; under and upon the express protestation 
always, that any overters that shall be made be our 
said commissioners in reference to the settling of 
the foresaid divisione, and of the uther conditions 
relating thereto, be vertue of this our commission, 
sail in noways prejudg the antient and just rights 
and privileges of the said towne and burgh of 
Hawick at no time hereafter, if sua be that the said 
intended agreement sail not now settle and tak effect, 
and for the more securitie we ar content, &c., and 
consent that thir pntis be insert and registrat in the 
Books of Council and Session, therein to remain ad 
perpetuam rd memoriam, and to that effect we con- 

our lawful procurators, &c., promitten de 
rata, &c. In witness whereof, we have subscribed these 
presents with our hands as follows: — Written be 
Andro Rutherforde, Notary Public at Hawick, the 
22d of February [year wanting, but probably 1672.] 



IX. Trial of the Bailies of Hawick for Riot 
(£c., in 1673. 

The riot at St Jude's Fair, in this year, led to an 
indictment* before the Lords of the Privy Council, at 
the instance of Sir John Nisbet, the then Lord 
Advocate, the Earl of Queensberry, and others, 
against the Bailies, and James Thorbrand, wright, 
James Scott, called Ormeston, James Gladstaines, 
late baylie, Walter Scott, glover, William Scott, 
eister, James Scott, litster, James Liddell, mer- 
chant, William Layng, Michael Turnbull, wright, 
Samuel Newby, Andro Liddell, servant to Widow 
Layng, William Scott, merchant, Jon Bridges, 
flesher, Bobert Bucastle, George Deins, flesher, 
Andrew Eiston, John Chisholme, James Hardy, 
maitman, Jon Symson, skinner, Walter Gladstains, 
wright, Walter Oliver, merchand, Jon Turnbull, 
merchand, Jon Deins, James Henry, James Brydon, 
William Waugh, wright, Walter and William Scott, 
glovers, Jon Beaty, merchant, John Scott, called 
YleSjf Adam Martin, carrier, and James Baudy, 
all in Hawick, charging them with the '* Crimes of 
riot and convocation of our lieges, wrongous impri- 
sonment, and abusing of our authority, as a mean of 
oppression and injustice, and the making of insolent 
and arbitrary acts, statutes, and ordinances, to the 
prejudice of our laws and council, and correspon- 
dence amongst our subjects." The libel then nar- 
rates that the Earl's bailie officers and tacksman, 

* The served ir.dictment is among the burgh archives. 

t «'.«., Probably wanting an eye, or a pecaliarity in the eye — 

" She gave strange oeiliads, and most speaking looks.*' 

King Lear^ Act IV. Scene 6. 

This nicknftme has been preserved, and is pronounced, oeilly. 


when about to ride and set the fair,* and expecting 
the concurrence of the bailies and the other accused 
parties, were attacked by them " and their complices, 
all hodden in fear of weir,f armed with sowrds and 
other weapons, invasiefF to the number of 200 
people, who did impede them from setting the fair, 
and particularly did assault and invade the said 
John Leathen with drawn sowrds, and masterfully 
pulled him off his horse, tore off his clothes, and 
struck him;" and did further, " without so much as 
laying any criaie or fault to his charge, summarilly 
imprison William Hardy, the Earl's tacksman of the 
customs, in their tolbooth : '* Farther, that the said 
accused parties, " upon occasion of any differences 
which they have against any persons, and especially 
against the Earl's tenants and vassals, presume at 
their own hand to abuse their authority, and to 
make statutes and ordinances inhibiting and dis- 
charging the inhabitants under great certification, to 
supply and intercommune with any of our leiges 
against whom they conceive any prejudice, and par- 
ticularly discharges those inhabitants to sell them 
meat and drink, or shoe their horses, or any other 
tradesman within their town to work to the pursuers, 
thereby imposing on the inhabitants and abusing 
their authority; and which acts and ordinances they 
do make on occasion of differences with their neigh- 
bours, and in special upon occasion of some debates 
and differences between them and Mr Patrick Cun- 
ningham, vassal to the EarL Likeas the said pre- 
tended bailies do, upon all occasions, presume to 
impose stent upon the inhabitants, and the vassals 
and tenants of the said Earl, and thereby impair 
their fortune and estates at their pleasure, whereby 

* This ceremonial, which seems to have been common in the 
Scottish burghs, wa?* probably an imitation of the riding at the 
opening of the Scottish Parliament, the bailies being theoretically 
, the representatives of royaltj'. 

■f i.e.f Arrayed in armour. 


the said pretended bailies and other persons com- 
plained upon are guilty of the crimes of riot, convo- 
cation, and wrongous imprisonment, and usurping 
of our authority, oppression, making of most unwar- 
rantable statutes, to the oppression both of the Earl's 
vassals and tenants, and the inhabitants, and ought 
therefore to be examplarily punished in their persons 
and goods, to the terror of others to do or commit 
the like in time coming." 

In their answers the defenders, besides a general 
denial of the charges, aver : — 1 . That no crime can 
be inferred against them, it being usual upon the 
fair day for the bailies and other inhabitants to con- 
vene, and assist the Earl's bailies, &c., whereunto 
they are bound in duty, being a Burgh of Regality.* 
2. That so far from approving of the disturbances, 
they, on the contrary, fined and imprisoned all whom 
they knew to be accessory thereto. 3. That the 
imprisonment of William Hardy, the Earl's tacks- 
man, was just and legal, he having " exacted more 
than the usual custom, and thereby oppressed his 
Majesty's lieges who repair to the mercats ; and 
having been challenged and reproved therefor by 
the bailies, he was so far from acknowledging his 
fault, or promising amendment, that he gave them 
most opprobrious and injurious language; and, not- 
withstanding, he was only, for the same faults, de- 
tained some few hours in prison. 4. As to the 
charge against them for imposing stents : (1.) The 
libel is not relevant, being only general, and not 
condescending either on the time or the particular 
sums imposed, and which, if they were condescended 
upon, the defenders would either deny or elide the 
same. (2.) None of the Earl's vassals, tenants, nor 
the inhabitants are complainers here. The bailies im- 
pose no stents but such as are warranted by authority 

* This mistake hfts often been pointed out. 


and for public uses, or what are for the common good 
of the inhabitants, and by their consent, and for defence 
V of their rights. " The Earl of Queensberry, pursuer 
of this Complaint, having reduction and improbation 
against the town and hail inhabitants, who have any 
real interest, which is now dependit before the Session 
thir several years, and which they were necessitate 
to defend, upon account whereof some difference be- 
twixt the Earl and the town anent the commontie, 
whereunto the town has undoubted right and pos- 
sion, this groundless libel is raised and pursued 
against the town and commontie, who never failed in 
their duty, but are, as they have always been, ready 
to do all duties, as becomes faithful vassals, and yet, 
notwithstanding, upon the account of the foresaid 
particulars of the Earl having taken up a prejudice 
against them,he,or at least his bailies do, byall means 
endeavour to oppress, harass, and impoverish them, 
as may appear by the supplication and complaint 
given in be thir defenders to your Lordships, and 
whereunto they humbly crave and expect from your 
Lordships justice, redress, and relief, and to be asso- 
ilzied from this groundless and calumnious persute." 
This is a remarkable trial, occurring at an inter- 
esting period of history. The reign of Charles II. 
affords too many unconstitutional precedents, and 
these actions are not calculated to alter the general 
opinion touching the practices then prevalent in 
our supreme legal tribunals. A detail of the 
whole grounds of difference between Lord Queens- 
berry and the burgh has not been preserved, but 
enough remains to prove that there existed no 
solid grounds for either the criminal or civil suit. 
That Lord Queensberry, however, rather than tlie 
Lord Advocate, was the chief prosecutor, is shown 
by the defences which bear to be given in to the 
complaint pursued against them by Lord Queens- 
berry alone. The precise nature of the action before 


the civil court against the town and haill inhabi- 
tants has not been discovered. From a contempo- 
rary writing preserved, it appears that Mr Thomas 
Nicolson and Mr John Gilmuir, advocates, had in 
1667 been consulted regarding certain disputes be- 
tween the superior and the burgh. One of their 
** Resolutions or opinions " bears, " If the vassal 
lye non-entered, the bounding charter will not hin- 
der the Earl to pursue non-entry : but if the present 
vassal be infeft by the bailies, according to old use 
and wont, it will stop the non-entrie;^^ and again, — 
" If any take a new right from the Earl of their par- 
ticots, it shall be expedient in that right to express 
that the receiver shall have right and power to enjoy 
all the privileges contained in the original charter, 
and hence we conclude there is no danger of the 
Bummonds of non-entry, the haill vassals being infeft, 
as said is." From these notices it may be conjec- 
tured that the Earl had been farther endeavouring 
to force the vassals individually to enter with him 
as their superior, thus overturning their privilege of 
a burgage tenure. But nothing is certainly known 
regarding the merits of the action of reduction 
against the burgh, farther than that it must either 
have been abandoned by the Earl, or judicially de- 
termined in favour of the burgh, since the common 
remained intact for another century, when it was 
divided in a satisfactory manner. 

It would appear, from the tenorof the defences in the 
criminal suit, that the EarPs want of success in the 
reduction had induced him to attempt to overawe the 
burgh by bringing the magistrates, &c., before a criminal 
bar, where his chance of succeeding might be greater. 
Nothing, however, can be well conceived more frivo- 
lous than the indictment before the Privy Council. 
The heterogeneous charges of riot, convocation of the 
lieges, abusing the King's authority, making arbitrary 
acts, oppression, and wrongous imprisonment, — all so 


unlike each other, lumped together to give a colour- 
able appearance to the complaint, — show how little 
solid grounds existed for instituting the proceedings. 
So far from being chargeable with delinquency, the 
magistrates appear to have acted with great propriety 
on the occasion referred to. A formal protest was 
taken by them on the very day of the alleged riot, in 
which they repudiate all connection with it, affirming 
amongst other things, that it took place " ontwith the 
West Port," which seems to have been then consi- 
dered the verge of the burgh ; and being thus beyond 
their jurisdiction, they could not be answerable for any 
irregularity that occurred. Then as to the incarcer- 
ation of the tacksman, it appears that that individual, 
having been deemed to be riding on the rigging of his 
commission in exacting excessive custom, justified 
himself by abusing the bailies, and it was therefore 
perfectly consistent with the then law and practice 
of the burgh, particularly on a fair-day, to proceed 
against him as they did. The charge of imposing 
arbitrary stents, none of which are even specified, is 
scarcely less preposterous than that of convocating 
the lieges, since any such stent, if irregular, must 
have been either null in itself, or its validity fell to 
be tried in a civil court alone. The Lord Advo- 
cate, although a person of great ability, cannot well 
be excused. Had he only given his concurrence 
that, as mere matter of form, might have been over- 
looked, but the complaint being directly at his own 
instance, no small part of the blame rested with his 
Lordship.* At the present time it seems surprising 
how magistrates should have been called on to answer 
before a criminal tribunal " in their persons and 

* See the Lord Adrooate's character in Laing's Scotland, vol. 
iv., p. 13. " At that time," says the historian, " in the hands of 
the rapacious Daohess of Laaderdale, everything became venal in 
Scotland. The Privy Council and the courts of justice were filled 
with Lauderdale's creatures." (Vol. iv. p. 62.) 


^oodsy^^ for acting in their judicial capacity, accord- 
ing to the hest of their judgment. 

The proceedings in these two cases, between which 
there was evidently a close affinity, contribute to 
swell the list of dark deeds that disgrace the reign of 
Charles the Second. 

These disputes had probably some weight in in- 
ducing Lord Queensberry io dissolve his connection 
with the burgh, which took place soon afterwards,* 
by the alienation of the barony — it is traditionally 
said by excambion (although Lord Advocate Mont- 
gomery in his notes says by purchase) — ^in favour 
of the Buccleuch family. 

X. Petition of the Merchants of Hatvick to be 
relieved from the freedom of Trade-tax. 

** Unto the Right Honourable the Commissioners 

appoynted for regulating of trade betwixt 

burghs royall, regality, and barony ; 

•' The Petitionb of Patrick Eichardsone and Robert 

Hardie, merchants in Hawick (belonging to her 

Grace the Dutches of Buccleuch), for themselves, 

and in name and behalf of the other traders 

within the said toun of Hawick; 

" Humbly sheweth, 
*• That the said toun of Hawick being more remote 
and farder distant from the sea than any other toun 
in Scotland, being above thretty myles, so that they 
neither bring home nor vend any staple commodi- 
ties, — at least what they vend is but very inconsi- 
derable, and bought aither from merchants in Ed' 

* The charter under the Great Seal in favour of James and Anne, 
Duke and Duchess of Buccleuch, appears on record 26th Feb. 


or Jedburgh, — and that any goods they trade with 

is but the product of the countrey, such as skins, 

wool, cheese, &c, Lykeas, by reasone of the scarci- 

tie these years byepast, which yet continues, their 

trade is very much decreased, and abnost altogether 

ruined, which is well known to the haill country 

about, so that they are unable to bear any propor- 

tione of the taxt allowed to be imposed by the royall 

burrows, conforme to the late act of Parliament. 

"May it thairfor please yo^^ Lo. to take the 

premises to your serious consideratione, and 

to frie and exeem us from any proportione of 

the taxt to be laid on by the royall burrows 

upon burghs of baronie or regality, seeing 

we are not able to pay the samen for the 

reasones forsaid, and to absolve us therefrom. 

And yo^ petitioners shall ever pray." 

*« Edinb. 20 March 1699. 
** The Commissione of Parla* for settling the com- 
munication of trade, having considered this petitione, 
they modifie one shilling she pennes Scots as the 
quota of the stent-roU payable by the town of Ha- 
wick monethly, with ane proportionall reliefe from 
the rest of the onfrie traders within the shyre of 
Roxburgh, and approves the report of the commit- 
tee y^^anent. (Signed) ** Marchmont, Cancellar : 
(Chancellor) " J. P. C." 

There is also a petition from Kelso, whose griev- 
ances are stated to be the great scarcity, — continual 
quartering of soldiers, — and the town having been 
lately burned to ashes by an universal conflagration, 
— ^whereby there was such a decay of trade that the 
few traders who lived therein about the time of the 
conflagration had since removed to follow their trade 
in other parts of the kingdom. The assessment was 


for the county of Roxburgh, 11/6 ; whereof Kelso 
8/, Hawick 1/6, Langholm /lO, Melrose ;6, Yet- 
tam /8, with relief to these towns from the remain- 
ing unfrie traders of the county, to be subdivided by 
the magistrates, &c. The above sums do not ex- 
actly show the relative importance of these towns, as 
the quota was laid more heavily on those situated 
nearest the sea. Langholm was at that time in the 
county of Roxburgh. {Acts Par, Scot, x., p. 110.) 
See as to relief before, under dates 1698 and 1701. 

XI. Statistical Account of the Parish of Hatvick 
in 1738.* 

The parish of Hawick, in the county of Roxburgh, 
commonly called Teviotdale, because the water of 
Teviot has its course for the space of 25 miles in 
the middle of the county, taking its name at a place 
called Teviot Stone, 11 miles west from the church 
of Hawick, and losing itself in Tweed at Kelso, 14 

♦ Communioated by William Ogilvie, Esq., of Cheaters, cham- 
berlain to his Grace the Duke of Buccleuch. In a letter dated 
Jedburgh, 17th January 1825, transmitting the account to a friend, 
Dr Thomas Somerville states, — '' I found the inclosed account of the 
parish of Hawick among my father's papers, and think it may 
amuse you. It is written in my father's hand, and I conjecture the 
original had been sent to Mr Hugh Somerville'' (probably writer to 
the Signet), " who was my father's relation and correspondent ; the 
date probably 1738." 

Mr William Somerville, compiler of this statistical account, in 
1753, only four years before his death, and when a very old man, mar- 
ried Isabel Scott, liferentrix of Whitehaugh, also above 70 years of 
age. (See Morison^s Dictionary^ p. 2959, 19th June 1761.) It has 
been often affirmed that he was the ** little round fat oily man" im- 
mortalized in the " Castle of Indolence." But the late Mr Robert 
Armstrong of Hawick, grandson of Mr Riccalton of Hopekirk, the 
bosom friend of Thomson, and who was likely to be accurately in- 
formed on the subject, maintained with much confidence that thik 
was not so, the real party being Mr Murdoch, a clergyman. Thom- 
son in 1738 addressed verses to a gentleman of^that name, then 
rector of Stradishall in Suffolk, which leave little doubt that he 
really was the *' oily man." 


miles east by north from it. This parish, from the 
eastmost to the westmost house, is about 11 miles 
in length ; but if you measure the grounds belonging 
to these houses or hamlets, it will be above 13. It 
is bounded on the east and south by the parish of 
Cavers, except in one part of the south a parish 
called Kirkton cuts through the parish of Cavers, 
and reaches to that of Hawick, and thus borders 
with Hawick parish for the space of about 2 miles, 
and then the parish of Cavers falls in again. 'Tis 
bounded on the west by the parish of Westerkirk,* 
which lyes on the river of Esk, on the north and 
north-west by the parish of Roberton, which parish 
was erected since the Revolution, at which time 
another called Hassendean was sunk, and the sti- 
pend of the latter declared to for ever belong to the 
minister of the former. 'Tis likewise bounded on 
the north by the parish of Wiltown. 

The church and town of Hawick stand on the 
south side of Teviot, and the steeds or hamlets be- 
twixt that water and another called Slitrige,f belong- 
ing to the parish (except where the parish of Kirk- 
town, on the north side of Slitrige, falls in), for the 
space of 3, and in some parts near 4 miles ; then 
another water, called Allan Water, which rises from 
the mountains y* divide y* part of Roxburghshire 
commonly called Liddesdale from Teviotdale ; from 
that water westward, the south side of Teviot lyes 
in the parish of Cavers even to y* very spot from 

♦ By the erection of the parish of Teviothead in 1850, the di- 
mensions of the parish of Hawick were greatly curtailed. In regard 
to the poor, the two parishes remain as hefore the disjunction. 

t In Pout's Map, of date 1646, in the Advocates' Library, the one 
stream is named Teviot and Tiot, both ways ; the other Slitrik. Mr 
Chalmers states that Slitrig is not the original name. This appears, 
from Reginald the Monk of Durham's book, " Of the wonderful 
Works of the Blessed Cuthbert," to have been Slitrith. (See the 
" Surtees Society's Volume for 1836.") Similarly, Ettrick has been 
corrupted from Atterith. (See " Scenes of Infancy," note to Part I.) 
The Slata of Leyden U without doubt purely poetical. 


whence it springs. On the north side of Teviot, 
again, there falls another water into it called Borth- 
wick Water, abont a large mile west from Hawick ; 
eastward from that water lyes the parish of Wil- 
town on the north side. But at that water the 
parish of Hawick crosses Teviot Water ; and all the 
north side of it, from Borthwick Water till its very 
spring, is in the parish of Hawick. 

To give the number of every little herd's house 
within the parish, I suppose that is not the design 
of your question ; but there are in this parish (be- 
sides the town of Hawick) about 31 steads or ham- 
lets, some of which contain 70, some 60, examinable 
persons. In y« whole parish y' are 1800 catechi- 
sable persons, two-thirds of which are in the town of 
Hawid^, and y« oy^ 600 in the country part of the 
parish ; what y* number of oy" may be, I know not, 
being so young we don't reckon them. The Register 
of Baptisms follows : — 

Maleg. Females. Both. 

T7<i'7 q7 d.1 Tfl Y' are some called 

il^l ^ *^ i? Secedera amoDgst 

173o 29 oo oo X18 who don't re- 

1739 43 35 78 giater y* baptism 

1470 39 29 68 of their children ; 

1741 25 35 60 i?* computation, 

174.9 97 91 Aft these may be 6 m 

"S:;:;:;::;:!? IJ ^ 2^y-.o.3,ver, 

Of burials we have no register. Our church, I 
find, before the Reformation, was called St Mary's 
Church,* having been dedicated to y« V. Mary by 
Adam, Abbot of Melrose, and elect B. of Caithness, 
anno 1214. f Keith says it was a parsonage, but 
places it wrong in the shire of Selkirk or Forrest ; 

* Alear, Prior of Durham, who is named as taking part in the 
removal of St Cuthbert's remains to the new cathedral there in 
1104, is stated to have ministered at the altar of St Mary's in 
Hawick. (See as to Algar, Reginald of Durham's book, chap. 137). 

t Chalmers states that this bishop was burnt in his palace of 
Halkirk in 1222.— Co&cfonia, v. i. p. 635. 


and I find one Mr Robert (William) Fowler, parson 
and vicar of Hawick, grants a tack of the teind, with 
consent of Walter Lord Buccleuch, patron, to S' 
Gedion Murray of Elibank, anno 1608, and the latter 
dispones the said tack to the former that same year ; 
and his Grace the present Duke of Buccleuch, his 
successor, continues to be patron and titular of the 
teinds, and pays the whole stipend, which is (accor- 
ding to a decreet of locality dated 1650) 800 merks 
in money, three chalders of oats, and one chalder and 
a half of heir, Lithgow measure, with L.5 sterling for 
communion elements. f There is likewise a toler- . 
able manse and a glebe, the yalue of which, me- 
thinks, depends on the industry of its present pos- 
sessor. I can only say, that arable and unarable, 
it will be seven acres of ground. J 

As the considerable families have been in use to 
bury either in the body of the church or in aisles ap- 
pended to the church,§ and many alterations having 
been made in the church, we cannot say that there are 
sepulchral monuments or tombs, or remarkable epi- 
taphs. The family of Buccleudi, for many genera- 
tions, were wont to bury in an aisle appended to the 
quire. But I only find their bodies in lead cofiSns, 
with sheets of lead, with their names and armes fixed 
to the heads of their coffins. Walter Earl of Buc- 
cleuch, who died 1633, is the last of the family 
whose ashes lie in this place. 

t The present stipend, awarded in 1852, is 17 ohalders, or 136 
bolls of meal, the like quantity of barley, and L.65, 12s. 7^d. in 
money, including L.IO for communion elements, ezolusiye of the 
glebe and manse. 

X The glebe alluded to was the field lying betwixt the Loneside 
and the Carlisle road, immediately west of M)«'e8lawgreen. it was 
afterwards exchanged for the grounds on which Slitrig Crescent is 
built, hencti called the new glebe, and a farther change transferred 
it to Well o'Gateside.— Ed. 

§ It was the general wish to be interred as near the church as 
poscsible, but this superstitious feeling has long ceased to exist. — £d. 


In an aisle* below the steeple there is a grave- 
stone upon one Walter Scott of Gowdilands,f and 
likewise another stone erected by the wall, and touch- 
ing the head of the grave-stone. On that stone which 
Is erected on the wall are cut by raised letters what 
follows : — 

The Descriptiovne of Valter Scott op Gk)VDiLANDi8 
His Qvalteis 

Heir lyis Bvriet visdome & virthiness 
Heir lyis Bvriet Trevth & Honestie 
Heir lyis Bvriet Fridome & Gentris 
Heir lyis Bvriet Manhude & cheritie 
Heir lyia Bvriet Largeniss & Lavlie 
Heir lyis Bvriet Hap and Experience 
Heir lyia Bvriet Pietie & Diligience 
Glorie be to God for all 

Upon the stone which lyes over the body is as 
follows : 

Valteb Scot His Genealogie. 
Her lyis in this Sepvltvre Valter Soot of Govdilandis sone Xatoral 
to Sir Valter Scot the Valiant Laird of Bucklevch yat vas slane 
crevlie be ye Kerris in Edinbvrgh vithin nicht being vnacconi- 
panyit be His freindis or Servandis onlio except tva of his Dipen- 
deris attending on him not respecting nor suspecting thair Inten- 
tione This happinit in September the 53 zeir of his age y^ zeir of 
God 15621 

This formensonit Valter Scot departit this life at Govdilandis in 
November ye zeir of God 1596 and vas of age att his deth 64.§ 

This gentlemen, it seems, had been a person of 
good parts and great bravery, for he got his lands 

* The northern aisle of the present old church. 

-f- " The tower of Goldilands was anciently possessed, like all the 
small estates round Hawick, by a laird of the clan of Scott." — Sir 
W. Scott's Border Antiquities of England and Scotland. 

t See Sir Walter Scott's " Border Antiquities," Appendix, No. 2, 
This Sir Valter Scott was husband of Janet Betoun, the Lady Buc- 
• cleuch, of the " Lay of the Last Minstrel,' Wa remarkable woman, 
who, after her husband's death, and during the minority of his 
heir, headed the clan in their rough expeditions. — Quarterly Review, 
June 1851, p. 52. 

§ On an examination of the family vault in 1851, by Mr Walter 
Scott of Wauchope, the descendant of this Scott of Goldilands, and 
also male representative of the Sootts of. Crumheugh, the inscrip- 
tions were found to be in much the same condition as described 
by Mr Somerville. Mr Thomas Macmillan Scott, now of Waucbope, 


from his father when very young, in order to keep a 
watch at his house of Goldilands, and a tower built 

in ootDmunicating this circumstance, and making some slight cor- 
rections of Mr Somerville's transcription, adds, " The stone upon 
which is this latter inscription remains exactly in the position as- 
signed to it by Mr Somerville. The other is in the wall, but has 
been removed to within some six feet of the main body of the church. 
All the other inscriptions which I send you are built into the wall. 
I understand that when the church was renewed in 1763 my great- 
grandfather had all these stones cared for — but at that time^ no 
doubt, the displacement of the stone alluded to above took place. 

" This * Valter Scot ' appears, 18th November 1574, as witness to 
the testament of Sir Walter Scott of Branxholm and Bucoleuch. He, 
it is most likely, was ' The Laird's Wat,' of the Raid of Reidswyre, 
7th July 1575. On 13th July 1592 he appears to have reeeived, 
in conjunction with Mr Gideon Murray (Elibank), the royal com- 
mission to destroy the fortalioes of Harden and Bryhope. See 
* Fitcairn's Criminal Trials,' vol. i., p. 276. 

" The release of Kinmont, at which a Walter Scott of Goudilands 
was present, took place on the 11th April 1596, while the above 
Walter died 20th November of the same year. I am therefore in- 
clined to think that his son, who bore the same name, must have 
been the Walter Scott present on that occasion, and who after- 
wards, on 29th March 1612, signs abend between the king and seve- 
ral of his subjects. See Introduction to ' Border Minstrelsy,* p, 83. 
** The other inscriptions are simply — 
• Here lyes 
Charles Scot 
of Goudilands 
who died in 
October 22. 98 
and of age 
• Heir lyes W^alter 
Scot of Crumhaugh 

who deceased 

20 day of December 

1700 & of age 


' Here lyes a vertuous and 

Pious woman Christian 

Bennet spouse to Walter 

Scot second son to Walter 

Scot of Crumhaugh who 

dyed November 4, 1708 and 

of her age 34.* 

" Christian Bennet was my great-great-grandmother. She was 

daughter to Robert Bennet of Chesters, who was cousin-german to 

Sir William Bennet of Marlefield, the friend of the poet Thomson,'* 

(and of Allan Ramsay). The A ale representation of both the Scotts 

of Goldilands and Crumhaugh is in Thomas Maciijillan Scott of 

Wauohope ; the female, in James Erskine of Shielfield. 


for that purpose (which was called the Watchtower 
of Branxholm),* in order to spy and give a shake 
(check) to the enemies of Buccleuch, or of his country, 
and to warn the laird of his danger (here mind 
Reid Sywiref). 

This family of Goldilands continued to he a consi* 
derable one, some of *em being knighted till the year 

when Walter Scott of Goldilands dyed without 

issue; then his paternal estate returned to the family of 
Buccleuch ; but the family had a pretty good acquired 
estate, which Walter, last Laird of Goldilands, dis- 
poned to one Walter Scott,! a kinsman of the family, 
and Charles Scott, the great-grandson of the last- 
named Walter, possesses it at this day, and takes the 
title of Crummoch. But Henry Scott, son of James 
and Ann, Duke and Duchess of Monmouth and 
Buccleuch, was, on the 29th March 1706, created 
Baron of Goldilands, Viscount of Hermitage, and 
Earl of Deloreine. Hermitage is in Lyddesdale, and 
Deloreine in the Forrest. 

[The preceding narrative suggests a few remarks. 
It would appear that the county had then been im- 
perfectly surveyed, the measurements given being 
considerably under the real dimensions, even after 
allowance is made for the additional length of the 
Scots over the imperial mile. It is probable that, 
although there had been a vague survey or sketch 
of a much earlier date, for which, see Font's Atlas, 
the precise extent of the county was not generally 
known, prior to the publication, in 1770, of Stobie's 
excellent map, on a scale of one inch to the mile. 

The great number of hamlets in the landward part 

♦ Dr Elliot has pointed out that the engraving in Grose's ** Anti- 
quities *l shows two towers, and that the site of the one now de- 
stroyed, close by the other, is quite vii^ble. 

t In 1575, where he was no doubt one of the combatants. 

I Disposition, dated 1071, to Walter Soot of Crumhaugh, his 

1738. 137 

of the pari^ shows that the rural population bore a 
much larger proportion to the urban (1 to 2) than 
it now does. These may be conjectured to have 
been the lingering monuments of a former condition 
of society, the abodes of the feudal militia, so ne- 
cessary to the state and safety of a chieftain, espe- 
cially on the borders, who, to use old Satchell's 
phrase, were ever ready at call. In later and more 
peaceful times there must have been a want of em- 
ployment amongst the hills for so many persons ; 
and this circumstance would no doubt have its 
weight in favour of some change with Henry Duke 
of Buccleuch, the fortunate pupil of Adam Smith, 
who, on succeeding to the family estates about a cen- 
tury ago, commenced those improvements which 
seem to have occupied his attention during life. The 
reduction of the number of hamlets was apparently 
part of his policy,^ since few of them now remain ; 
but in this painful process, humanity and judgment 
are conspicuous, as he then laid a foundation for 
the future employment of the people, by dividing com- 
mons, introducing improvements in agriculture, in- 
ducing skilfulagriculturistsfrom the south to settle on 
his lands, constructing roads and bridges, encouraging 
the growth of towns, and fostering the infant manu- 
factures of Hawick and other places on his estates."* 

* To whatever objections the feudal system might be otherwise 
liable, it is impossible not to admire that feature which exhibits the 
lord of the manor in the light of a protector, thus watching over 
the interests and supplying the wants of his vassals. There is 
abundance of evidence to show such to have been the policy of the 
lords of Hawick for many generations, and that the benefits result- 
ing from it were mutual cannot be doubted. But these paternal as- 
siduities seem to have terminated with the life of that excellent 
nobleman Henry Duke of Buccleuch, since which, whatever Hawick 
has achieved is due exclusively to her self-dependence. 

It is believed that all the numerous leases to be granted to the 
Duke's Teviotdale tenantry in 1858 will be of the class termed im- 
proving. This is very gratifying ; yet no general arrangement will 
be complete which does not provide for feuing suitable portions of 
ground in the neighbourhood of Hawick, the baronial town, so as to 
accommodate its inhabitants and trade. 


The number of souls is greater than might hare 
been supposed, and it thence appears that the in- 
crease has not been very rapid during the 120 years 
which have since elapsed. Unfortunately the num- 
ber of deaths is not given, since, by comparing these 
with the births, a conclusion might have been drawn 
valuable for contrast with our own times. It has been 
generally understood, however, that the duration of 
life ranged much lower then than now. Indeed, there 
are persons still living who remember the privations 
to which the people were subjected during the winter 
months, through want of employment and poverty, 
and this continued until about the commencement of 
the present century. 

Dissent in religious matters had then apparently 
obtained a footing ; and it speaks favourably for its 
adherents, or, it may be, for his own tolerant dispo- 
sition, that Mr Somerville has no unkind word to 
say regarding them.* They had, however, no re- 
gular place of worship until thirty years later. 

As no allusion is made to the wooUen trade, it may 
be supposed to have had no existence at that period. 

It is impossible not to regret the absence of more 
minute details, by one so well qualified to record 
them, regarding the nature of the employment of 
the inhabitants, the provision made for the indi- 
gent, the state of education, the description and ex- 
tent of crime, the diseases of most frequent occur- 
rence, and the general condition of the people, with 
a sketch of their manners and customs. Still we 
must prize what the reverend gentleman has be- 
queathed to us, since without it we would appa- 
rently have remained unacquainted with various most 
interesting particulars relating to the locality. 

* They were of the sect denomiDated Antiburgherg. An indi- 
vidual, lately deceased, who was present at one of their weddings, 
stated that the bridal party danced back to back. Thiti would be 
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the Pariah, .]" 

Sandbed, inWil-) 
ton Pariah, . i 



XIII. Description of Hatjoich Floods ly John 
Gladstains, Conjunct Town-Clerh ofHawich^ 
an eye-vntnessj^ 

On Wednesday last (5 August 1767), about two 
o'clock afternoon, we had a pretty heavy shower 
of rain, which continued about ane hour, with light- 
ning and terrible claps of thunder. Just about four 
the water of Slitrig begun to swell, and increased 
prodigiously fast, by its inexpressible rapidity tore 
up great trees, which drove every thing before it, 
taking in its course two houses, below Alex. Bunzies' 
on the east side, and Mr Inglis's on the west, carry- 
ing over the Tower garden-walls, trees, packs of wool, 
couples, joists, and household furniture, and laid in 
the Tower Close. The arches of the bridge not being 
capacious enough to admit the extraordinary flood, 
it made its way eastward, and carried off the three 
houses belonging to George Deans and Son ; still 
extending its course eastward, carried off the corn- 
mill, and the undermost house of the Miln Port, 
which was built by two of the name of Liddal, in the 
parish of Wilton, and possesst by Joseph Scott, wright, 
the miller's son, and Cross Key's new-built stables. 
By this time, it also opened its way betwixt the 
bridge and John Kaidzie's house in so instantaneous 
a manner, that Gedion Greive, a son of Walter Greive, 
and a son of Thomas Waugh's, were swept off when 
attempting to pass from the end of the bridge, 
where they were standing, with other twelve person s, 
in the sight of a number of spectators ; the others 
would have shared the same fate in a few moments, 
unless the bystanders had not quickly procured a 
leather, which was taken in at the west gavel of John 

• From the original draft amoog the bargh arohiTes« 


Kaidzie^s house, which before was abandoned by the 
family, and sett out at the window opposite to the 
bridge, by which they ascended into the window, 
and luckily escaped. The house of my father was 
filled so with water, and no way left to escape but 
by breaking the roof and taking out. It stripped 
the street to the very rocks betwixt John Kaidzie's 
house and Joseph Eckron's whole onstead of houses, 
with all the goods in the shop, and the whole furni- 
ture belonging to himself and tenants ; six persons 
who were endeavouring to save part of Eckron's 
effects, four of whom were hurled down the current 
into the sandbed, and taken out by the assistance of 
generous people, who risked their lives in the inter- 
prize. John Oliver sen^, and Thomas Waugh, shoe- 
maker, got up to the top of the kiln, but finding 
themselves in danger, called for ropes, which were 
thrown them, by which means they were saved. Im- 
mediately below Graham's close and Cuddyfoot's,* 
it made a gulf about 25 feet square, and 10 feet 
deep. The flood ascended on the east up the Back 
Damgate, as far as Doctor Wilson's closs-head, filling 
all the closses, shops, and imder-houses, on both 
sides the street, as far as the cross, and threatened 
universal destruction to the place ; many persons fly- 
ing from the ground-floor upwards, and from thence 
were conveyed out of windows, and received into the 
arms of some stout men, who ventured their lives 
for the preservation of their neighbours; which ought 
never to be forgot. Such a scene of horror cannot be 
exprest. To have heard the lamentation and crys of 
the whole inhabitants, and nothing to be seen but pale- 
ness and terror in the countenance of every soul. The 
Tower is in the outmost danger, and some part of it 

* James IScott, called Cuddyfoot (from his place of residence be- 
ing at the lower end of Howgate Street), repeatedly elected bailie, 
the last time in 1765. He is traditionally stated to have been the 
only magidtrate known to have died while in office. 


brock down and underminded. George Halibnrton*8 
house much damaged, and the aqueduct to the Mill 
quite carried (away). The old Milnport Tower* 
is undermined and the walls rent, and many other 
houses on both sides of the water much damaged. 
The parapets of the bridge, from the top eastward, 
and the entry on both sides totally carried off to the 
bare rocks ; in short, the devastation is so great, that 
if you were to take a view from one of the Tower win- 
dows, unless by the kirk and new bridge, | you would 
not imagine it to be Hawick. Mr Laurie, who, you 
know, has the most tender feelings and sympathy for 
the distresses of mankind upon every occasion, was 
a beholder of the tragical fall of these unfortunate 
men ; and so soon as the others were out of danger, 
convocated the numerous crowd of spectators, who 
willingly came upon so solemn occasion, and joined 
Mr Laurie in a most fervent, suitable, and pathetick 
prayer, and which ought not to be forgotten. The 
water was considerably assuaged when the people 
were dismissed, although there was not the least 
appearance when they went to the church. Mr 
Laurie has all along signally distinguished himself 
in behoof of fifteen familys, who have nothing saved 
but what was upon their backs, and yesterday being 
Sabbath-day made ane extraordinary day suited 
and calculate for so awfuU an occasion. He preached 
from Luke chap. xiii. ver, 2, 3, 4, and 6, and was so 
affected in his discourse, that he teared in almost 
every sentence, and sometimes was obliged to stop 

* This was probably the Lieutenant's Tower, which, in a title- 
deed, dated 1656, is called the Peillt and there are grounds for con- 
jecturing that a subterraneous communication existed between it 
and the principal fortress. The tradition, howerer, regarding such 
an intercommunication between Branxholm and Goldielands la 
scarcely less mythical than the existence of the wonder-working 
witches Tranty-foot and Speed-o-foot, the occupants of Goldieland 'a 

t T«riot Biidge, built about 1743, is evidently meaift. 


till he recovered his spirits, and strongly inculcate 
the duty and necessity of repentance. The loss 
is computed ahout L.4000;* James Eckrons is 
allowed to be L.IOOO. The height of the water was 
ten feet perpendicular — ^more than ever known ; and 
although Teviot was not in the least swelled, it was 
a foot above the pillars of Teviot Bridge owing 
to the stagnation, which advanced as far as the 
Cauld Back, where big trees were carried up by the 

XIV. Notes relating to the Ministers of 
Hawick, Wilton, dtcf 

1674. Hawick, Kirktoun, Wiltown, Hassinden, 
Caveris, — ^The above churches were united at this 
period. Mr William Auchmontie, minister ; his 
stipend L.154, 6s. 8d., with the kirkland, &c., of 
Hawick— also in 1576, 1678, 1580. The readers to 
supply these different churches were — At Hawick, 
Henry Scott, 1574, 76, 78, 79, vacant 1580. His 
stipend L.IO, 8s. lOd., &c. Kirktoun, Mr George 
Douglas, 1574 ; in 1576 blank, 1580 blank, Wil- 
toun, John Langlands, 1574, 1576. Hassinden, 
John Scott, 1574, Thomas^ Newby, 1676, 1580. 
Caveris, William Slewane, 1574 ; Patrick Dunbar, 

* There were ooUeotions in some of the neighbonriDg parish 
churches for the benefit of the sufferers. 

The flood of 29ih July 1846 is believed to have been nearly as 
great as that in 1767, but there was much less injury done within 
the town. Throughout the entire border, however, the loss by 
the outbreaks of the mountain streams generally was great beyond 
all precedent. 

t Chiefly communicated by David Laing, Esq., Keeper of the 
Signet Library, Edinburgh. 


Mr John Sandilandis, parsone of Hawick, died 
in Edinburgh, 21st May 1683. One of the wit- 
nesses to his testament is Mr Eobert Craig, brother* 
german to Mr Thomas Oraig, advocate in Edinburgh. 
Will confirmed 14th February 1683-84. In 1696, 
Hawick is not mentioned — Wiitoun then united to 
Jedburgh, Mr John Abemethy, minister. In 1699, 
Hawick per se (that is singly), and the charge ya- 

In 1601 Mr Thomas Abernethy was minister of 

In 1699 and 1601 Wiitoun and Cavers were 
united; Mr William Clerk, minister. In 1616 he 
continued minister of Wiitoun (N.B, — In 1640, 
William Clarke, his son, was admitted a burgess of 
Hawick, and the father is not stated to be then 
dead), and Mr Walter M*Gill of Cavers. Mr M*Gill 
is named in a Scottish statute, dated 1622, as then 
in right of the vicarage of the parish kirk of Cavers, 
and he appears, from an entry in the Hawick burgh 
records, to have continued to be minister of Cavers 
in 1644. 

In 1608 Mr Thomas Abemethy was still minister 
of Hawick. At this time Eckford was vacant, and 
Mr Abemethy appears to have been soon afterwards 
translated to that charge. He was minister of Eck- 
ford in 1616, 1618, and 1622. He was the brother 
of Mr John Abemethy, minister of Jedburgh, and 
bishop of Caithness, through whose influence, al- 
though summoned before the High Commissioner in 
1622, he was overlooked. — See CaJderwood's History^ 
Wodrow Society^ s edition, vol. vi., p. 709 ; vol. vii., 
pp. 632, 649. 

In 1612 died the Rev. William Fowler, parson of 
Hawick. He went to London in the capacity of Se- 
cretary to Queen Anne, at the Union of the crowns. 
In this way it is probable that he might' enjoy the 



society of his great cotemporary Shakspeare. His 
MS., preserved in the University of Edinburgh, may 
thus merit the notice of the Shakspeare Society. 

In 1615 Mr Adam Scott was minister at Hawick, 
having been translated from Mynto, where he was 
minister in 1608. 

In 1624 Eobert Brounlie was minister of Kirk- 

In 1668 William Mushet was minister of Hassen- 
dean, Mor. Dict,^ 6135. 

In 1689 Mr JohnLanglands, theEpiscopal minister 
of Hawick, was deprived for not reading the procla- 
mation and prayers for King William. His successor 
was Mr Alexander Orrock. — See Books of Assigna- 
tions of Ministers^ Stipends, 

Mr George Hepburn, noticed in Annals of Hawick^ 
p. 397, was parson and minister of Haich (or 
Hough, afterwards Prestonhough), or Prestonkirk, 
and died 21st October 1585. His testament was 
confirmed in the commissariot of Edinburgh in 1592. 
The resemblance between the old names of Preston- 
kirk and Hawick has apparently led to the error of 
assigning him to the latter parish. 

For a similar reason, a difficulty occurs in the 
case of Gawyn Douglas, since, notwithstanding the 
confident statements of various eminent writers, the 
oldest and best authority, Abbot Mylne, in his 
Lives of the Bishops of Dunkeld,* designates him as 
provost of St Giles, " et rector de Hawch," which is 
certainly susceptible of more than one interpretation, 
although the dash over the name indicating the omis- 
sion of one or more letters, rather favours the claim 
of Hawick ; while Mr Porteous, the respected minister 
of Prestonkirk, writes that " his parish never bore 
the name of Hawch, It \\ as originally called Hough." 

* See his MS. in the Adyooates' Library. 


Another difiSculty exists in the circumstance, that 
Hawick is not styled a rectory, but a vicarage. — See 
The Burgh Charters^ and Mr Somerville^s Statistical 

On 2d February 1720, the laird of Sharplaw (pro- 
bably a Douglas, and relative of Douglas, sheriff of 
Roxburghshire), thus addressed the Lord Advocate 
from Jedburgh : — 

" My Lord, — I thought it my duty in Cavers's 
absence, to acknowledge the receipt of your li6^ letter 

of the And to let you know that there are 

very few nonjurant min" in this shire of Roxburgh, 
and not any of the Episcopal persuasion. 

** I most humbly presume to begg to know from 
your LoP the particular manner how to proceed 
against them. And I hope you'll forgive me for 
taking some notice of the present state of this country. 
Your Lop may therefore please know, that we have 
some, tho' few Oameronians amongst us. But a great 
many persons of wild and giddy principles, who, for 
a long time, did not only desert the churches of all 
the ministers who had taken the oaths, but likewise 
went the length of lybelling, aspersing, and com- 
plaining of all the min^B who had taken the oaths, as 
backsliders and breakers of the Covenant, &c. This 
breach was la-tely happily made up by the prudent 
management of some of the ministers, who had several 
meetings with some of the leaders of those wild 
people. Mr Bell, min' of Cavers, a gentleman of 
great piety, prudence, and learning (who was among 
the first that took the oaths), had a great hand in 
healing this breach. And now, most of those wild 
people are gone back again to their churches, and 
hear the jurors and nonjurors, without distinction. 
And I'm afraid if any hardship be used against the 
few nonjurors, it may occasion disturbance, and 
have some bad effects. But this I most humbly 


sabmitte to your Lop* better judgment, and begg your 

answer. I am, &c."* 

The inscription on Mr Crauford's monument in 

Wilton churchyard, is in these words :— 

. "M.S. 
" GULIELMI Ckauford, A.M., 

" Theologus eruditione, pietate judicio, gravis, pastor, prndentift. 
Vigilantia et pacifico zelo eximias ; vir omni laudis genere dig- 
nissimus, cum per 24 praeterpropter annos huio Ecolesias, requievit 
in Christo quern ucioum doctrina et castis moribus vivens sperabat 
hen quam desideratus. Obiit die Maii 15, 1737 ^tatis 55. 

" Hoo tumulo etiam dormit ape beatas resurrectionis uxor ejus 
Helena Riddell quae obiit 14 die Febraarii 1751 ^tatis 68. 

'' liic quoque sepultus filius ejus David qui obiit die Martis 
1720 w^tatis 3." 

That is — 

Sacred to the memory of William Crauford, M.A., distinguished 
as a divine by erudition, piety, and intelligence, and of influence as 
a pastor, by his prudence, vigilence, and zeal for peace. A man 
truly most deserving of every kind of praise. After about twenty- 
four years* ministration in this church he rested in Christ in whom 
alone while living he hoped by his teaching and purity of life. Alas, 
how lamented ! He died May 15, 1737, in the fifty-fifth year of his 

In this sepulture also sleepeth, in the hope of a blessed repurrec- 
tion, his wife Helen Riddell, who died 14th Feb. 1761, in the sixty- 
eighth year of her age. 

Here also is interred his son David, who died March 1720, in the 
third year of his age. 

XV. Memorials of the Rev, JSobert Biccalton, 
Minister of Hopekirk. By Thomas Somer- 
ville, D.D.^ Minister ofJedburgkX 

" The most distinguished member of the Presby- 

* Communicated by James Douglas, Esq., younger of Cavers. 

t In "Anderson's Popular Scottish Biography," it is said he was 
born in 1676 and died in 1742, but the above statement is more likely 
to be accurate. (See AnncUa of Hawick, p. 349.) 

X This memoir, drawn up in 1824, has been communicated by the 
representatives of Mr Robert Armstrong, Hawick, Mr Riccalton's 


tery of Jedburgh when I became a member of it, 
April 24, 1767, was Mr Robert Riccaltoun, minister 
of Hopekirk, with whom I had been intimately ac- 
quainted from my earliest days, and who survived 
two years after my ordination at Minto. A large 
portion of original genius, rather than of cultivated 
understanding, together with facetious manners and 
an ample store of observation and anecdote, and a 
predilection for the society of young men who were 
in the course of literary study, rendered his company 
pleasant and interesting, and gave him a masterly 
sway in forming the sentiments of the disciples at- 
tached to him. He was himself a votary and ad- 
mirer of Hutchinson, and, corresponding with the 
philosophy of his master, his theological opinions 
were wild and mystical. He reprobated the works 
of Samuel Clarke and Bishop Butler, and all the 
authors who advocated the cause of natural religion. 
A benevolent heart, a rich imagination, a taste for 
what was beautiful and sublime in the works of 
nature, expressed with simplicity and entiiusiasm, 
compensated for the obliquity of his systematic aber- 
rations, and procured the affection and esteem of all 
who were intimately connected with him. He mo- 
destly acknowledged to me that he had considerable 
influence in discovering and prompting the poetical 
talents of Thomson, who, in his youthful days, had 
been his frequent visitor; Thomson's father being 
minister of the neighbouring parish of Southdean. 
He also mentioned that a poem of his own composi- 
tion, the subject of which was the description of a 
storm, or the effects of an extraordinary fall of snow 
on the hill of Ruberslaw, suggested to Thomson the 
idea of expatiating on the same theme, and produced 
the divine poem of hia * Winter,* the first and best 
of his compositions. He repeated to me several 
passages of his own poem* which I thought beauti- 


ful, and I have often since regretted that I had not 
obtained a copy of it ; but I was at that time less 
anxious about this, as he told me that it would be 
fotmd in a periodical work which was published at 
Edinburgh about the beginning of the century — I 
think he said in the year 1718 or 1719. I have 
searched many volumes of the pamphlets in the Ad- 
vocates' Library, but have not been so fortunate as 
to discover it. Mr Kiccalton was an admirer of 
David Hume, and said if he would declare himself 
a Christian he would advocate him in any of the 
Church Courts. I had almost forgot to mention that 
Mr Kiccalton was a very eloquent speaker in the 
Greneral Assembly/' 

The following additional particulars have been 
supplied by Mr Kiccalton's grand-daughter. Miss 
Betty Armstrong, now above 80 years of age : — 
" Mr Eiccalton's earlier years were spent at Venchen 
near Yetholm, and he is supposed to have been bom 
at Earlsheugh near Jedburgh, when his mother was 
50 years of age. He was married to Anne Scott, 
daughter of Henry Scott, farmer at Palacehill, in the 
parish of Ancrum ; the young couple being each 22 
years of age on their marriage-day. He was the as- 
sistant minister of Bowden when he received the call 
from Hopekirk, and had also a farm there at that 
time. He died in 1769, aged 78." ^ 

A lengthened correspondence between Mr Eiccal- 
ton and a Dr Walker, physician, an individual of 
congenial taste, is stated to be in possession of Mr 
Brown, surgeon, Edinburgh, the doctor's grandson. 

Since these remarks were written, there has ap- 
peared in the Gentleman^s Magazine for October 
1853, ** Memorials of the Author of the Seasons, and 
Mr Eiccaltoun of Hopekirk," in which the reverend 


gentleman is designated the Scotisli Edwards, and 
otherwise characterized in flattering terras. It is 
there stated that his poem, " A Winter's Day," was 
reprinted in the Gentleman's Magazine for May 
1740, and again with annotations in the same peri- 
odical for April 1853. 

XVI. Memorials of Samuel Charters^ D,D.^ 
Minister of the Parish of Wilton, Roxburgh- 

The subjoined biographical notice of this distin- 
guished individual appeared in the Kelso Mail 
newspaper immediately after his decease : — 

" Died at the manse of Wilton, in the Ticinity of 
Hawick, on Saturday the 18th curt. (June 1826), 
the Rev. Samuel Charters, in or about the 84th year 
of his age, and 57th of Ids ministry. The decease 
of this learned and venerable man, though, by the 
kindness of Providence, deferred long beyond the 
ordinary limit of frail mortality, has excited a deep 
sensation in the western part of this county, and 
in the minds of many at a distance, by whom his 
distinguished worth and talents were duly appre- 
ciated : and we regard it a sacred duty, not only to 
the dead but to the living, to record a few of the 
leading circumstances of his life, and to pay our 
passing tribute of respect to his character. The 
father and grandfather of Dr Charters were succes- 
sively ministers of Inverkeithing, in the Presbytery 
of Dunfermline. Dr Charters, after going through 
his preparatory studies at the College of Glasgow, 
and obtaining a license to preach the gospel, passed 
a short time on the Continent ; and was, after his 


return, ordained minister of Eancardine in the pres- 
bytery of Dunblane, in the year 1768. During his 
incumbency there, and ever afterwards, he enjoyed 
the friendship of the late eminent judge and scholar, 
Lord Karnes, whose country-seat, Blair-Drummond, 
was in the parish. He had thus a favourable op- 
portunity of extending his literary acquaintance, and 
his knowledge of the world. In the year 1772 he 
was translated to the church and parish of Wilton. 
In that retired and rural residence, on the banks of 
the Teviot, far from . the strife and bustle of the 
world, he passed the remainder of his useful and un- 
ambitious life, attracting to his hospitable dwelling, 
not only many of his early friends, who delighted to 
renew their intercourse with him from time to time, 
but enlightened strangers, who were desirous of cul- 
tivating bis acquaintance. 

"Among his parishioners he was beloved and 
revered. In public and in private he was their 
faithful pastor, their constant counsellor, and their 
steady friend. He established for their benefit (though 
he did not confine its use exclusively to them) a 
parish library, purchased at his own expense, and se- 
lected by his own care. With a view of rendering 
it more useful, he took the trouble of preparing and 
publishing a catalogue raisonn4 of its contents ; so 
that the reader could see at once his own opinion or 
that of others, of the merits of most of the works of 
which it consisted. He continued to enlarge the 
collection while his strength permitted, and it has 
long been a source of innocent amusement and 
mental improvement to many, and especially to the 
young. We understand that he appointed this li- 
brary to be sold after his decease, and the price to be 
expended in the purchase of Bibles for distribution 
among the poorer classes of his flock. 

** His style of composition and delivery were pecu^ 


liarly Lis own. His sentences were generally short, 
striking, and comprehensive, and his transitions from 
one part of his subject to another often abrupt. 
Hence it required considerable reflectioit to perceive 
the full meaning, and it was sometimes difficult to 
trace the connection. His voice, which in the pul- 
pit was' low, solemn, and monotonous, was yet well 
suited to the strain of his discourses ; and though 
unaccompanied with action, frequently evinced a 
depth of feeling and elevation of sentiment which 
riveted the attention of his audience. His Scrip- 
tural allusions were peculiarly happy ; his images 
from external nature shed instant light and warmth 
over the subjects which they were designed to illus- 
trate ; and his appeals to the conscience were at 
once tender and powerful. In the pathetic he ex^ 
celled, and by a single expression would sometimes 
penetrate the heart and draw tears from the eyes. 
His venerable aspect and apostolic gravity of man- 
ner in his latter years, gave to his addresses, par- 
ticularly at the Table of Communion, an impressive- 
ness which cannot be described, but which will never 
be effaced from the recollection of his people. 

" Dr Charters always desired to render his studies 
subservient to the purposes of private edification and 
public usefulness : and we know not that we could 
name any sermons in the English language which are 
more directly practical than some of his later dis- 
courses. The two volumes of Sermons which he pub- 
lished, and which have passed through several edi- 
tions, furnish proofs of the truth of this remark, and 
have established his reputation on a basis at once 
solid and lasting. 

" Dr Charters enjoyed the use of his faculties to the 
close of his mortal existence, and kept them in con- 
stant exercise till about a year ago by extensive read- 
ing, meditation, the society of his friends, and the ex- 


ercises of Christian benevolence. In mixed or nu- 
merous company he was remarkably silent and 
reserved even to bashfuluess ; but in private, he 
was frank, cheerful, and communicative. He dis- 
liked and avoided controversy, and was remark- 
ably forbearing and indulgent to those from whom 
he di£Pered most widely in opinion. In this we 
think consists true liberality of sentiment, and 
not, as is too often supposed, in contempt of the 
opinions and prejudices of those with whom we live. 
The study of the Scriptures fonned his chief exercise 
and delight, and with their language and contents his 
mind was intimately familiar. The devotional ex- 
pressions and Scriptural allusions which breathe 
through his writings, appear to come warm from the 
heart. They seemed to have formed the element in 
which he lived, and we know not any writer of the 
present age who excels, or almost we had said equals 
him in this respect. But we have already exceeded 
our limits, and must bring this hasty and imperfect 
sketch of Dr Charters to a close. While we sympa- 
thise with his flock on the loss of their venerable pas- 
tor, we consider them singularly favoured in having 
so long enjoyed the benefit of his able and affection- 
ate services. It is consoling to them to know that a 
volume containing the greater part of his published 
sermons was printed several years ago, under his own 
eye, and reserved for their use : and it is now be- 
queathed to them as a memorial of their pastor, who 
* loved them unto the end.'" 

The following interesting communication from 
Mrs Semple will probably be considered a fitting pen- 
dant to the preceding sketch : — 

" Islington, 29th November 1853. 
" Your favour, with its inclosure, reached me this 
morning. I have no clue as to the author of the 


sketch of Dr Charters in the Kelso Mail, I can have 
no objection to point out to you the pieces he con- 
tributed to my little Miscellany :* that on * Disap- 
pointed Love' is his, with a small addition of my 
own ; likewise the * Thoughts ; ' the ' Extracts from 
an Old Manuscript on Preaching ;' * On Chastity ;' 
* On Old Age ;' and the four last articles in the list. 
I had little personal acquaintance with my uncle, 
having made but two short visits to him, in company 
with my mother ; but I gathered many particulars 
concerning him, on the authenticity of which you 
may rely. I am not aware that he published any 
other works than his Essay on Bashfulness^ and 
some single sermons, which I believe were afterwards 
comprised in the two volumes which he afterwards 
gave to the public. 

" The church of Inverkeithing, with its records, 
being accidentally burnt, the date of Dr Charters's 
birth could not be correctly ascertained, but from col- 
lateral evidence it may be fixed about 1742. At the 
infantine age of four he was left an orphan by the 
death of both parents, and, with two elder sisters, was 
taken charge of by his maternal grandmother, the 
widow of a minister of the name of Wardlaw, who 
had a little landed estate called Luscar, in her own 
right, which, as the male heir, Dr Charters after her 
death inherited, f I have heard my mother relate a 
very striking anecdote of his early life. When that 
unhappy rebellion took place in Scotland in 1745, 
1746, when so many outrages were committed even 
in private houses, his grandmother was in deep afflic- 
tion, from ^he dread that her dwelling might be at- 
tacked, insomuch, that she could not partake of her 
daily food. The child, who could not have been more 

* The work referred to is entitled *' Misoellanj, by A. S. Hunter. 
Hawick, 1811." 

t Lady Fairfax, mother of the distingaished author, Mrs Mary 
Somerville, was cousin-german to Dr Charters. 


than four years old, seeing her sit quite disconsolate, 
went up to her and repeated the first verse of the 
twentieth Psalm — 

' Jehovah hear thee in the day 
"When trouble he doth send ; 
And let the name of Jacob's God 
Thee from all ill defend.* 

He then added, and he could hardly speak plainly, 
* Tak your meat grannie, and dinna be feared.' The 
old lady was astonished, consoled, and comforted, was 
no more sad, and her peaceful abode was unmolested. 

" Dr Charters entered very young the University 
of Glasgow. About this time his grandmother died, 
and he inherited her property. He passed through 
his trials honourably, and was licensed to preach. 
When he obtained a church,* Lord Karnes was his 
parishioner, and he was frequently a resident visitor 
to that gentleman, who held him in esteem. I am 
not aware that he ever wrote any part of the Ele- 
ments of Criticism; there is nothing of his style 
(which was peculiar) in that work ; but in Lord 
Kames' work on Education the whole of the section 
on religious education was written by Dr Charters. f 

" As was said of Dr Johnson, in reference to his 
Lives of the Poets^ that he had unconsciously re- 
corded his own ; so, in his Essay on Bash/ulness^ 
Dr Charters has told his own history as a bashful 
man, in that part where he alludes so pathetically to 
orphans. There is no question that he relates what 
he himself felt as an orphan, and when he mentions, 
that in the visions of the night orphans are intro- 

• This was Kincardine. It is traditionally stated that his induc- 
tion there was so violently opposed that military protection became 
necessary, but the uncommon excellence of the man soon surmounted 
this hostile feeling, insomuch that, when he preached his farewell 
sermon, not one of the congregation could refrain from shedding 
tears.— Ed. 

t The Remains of Dr Charters, embracing all these pieces, would 
surely be an acceptable gift to the public. 


duced into communion with their deceased parents, 
doubtless such intercourse was held in his own slum- 
bers. The work on Bashfulness is one of high in- 
terest, and ought to be better known. . In an article 
on the Life and Writings of Dr Chalmers^ with 
whom Dr Charters was once on very intimate terms, 
which article appeared in the Westminster Review^ if 
I am not mistaken, a short time since, Dr Charters 
is called the Scottish Epictetus, as if he had been 
merely a philosophical heathen. I hope, in your 
projected publication, you will indignantly repel this 
base outrage on his memory ; he was truly a Chris- 
tian philosopher ; let any one divested of prejudice, 
and indued with common sense, read his Sermons at- 
tentively from beginning to end, and pronounce him 
no orthodox Christian if he can. 

" Many of his hearers occupied the humble station 
of shepherds; he gave them no encouragement to ex- 
ercise their minds on knotty points of doctrine ; he 
appealed chiefly to their hearts, and he had a reveren- 
tial, humble, affectionate people; he taught them, 
both by precept and example, the whole duty of man, 
to do justly, to love mercy, and walk humbly with 
God; and his own words were to * leave secret things 
to God.' There are, among the lower orders in 
Scotland, too many of the Andrew Fairservice kind, 
who, addling their brains with abstruse points of doc- 
trine, pronounce practical moral discourses * Clauts 
o' cauld parritch ;" and, somewhat amusing to re- 
late, the Doctor had for some years in his ser- 
vice an Andrew of his own, a stanch Seceder, who, 
when he conveyed him to preach for another minister 
residing at a distance, would betake himself to sleep 
on the floor of the carriage, 

' With legs depending at the open door/ 

rather than hear * clauts o' cauld parritch' from his 


master; and I remember a vulgar, ignorant old wo- 
man telling me, with great solemnity of visage, that 
she had * fund out that Dr Charters was no soondJ 
He was certainly no sectary ;* but he was a truly 
good and great man. He was possessed of unbounded 
liberality, and wished civil and religious liberty to 
all mankind. To borrow a phrase from a modem 
writer, * he never showed intolerance but to intoler- 
ance.* When the emancipation of the Catholics was 
so warmly debated some years since, a young gentle- 
man inquired what he thought of the Catholic ques- 
tion ; his reply was, * Is it possible that you should 
ask me such a question.' 

" On disappointed love Dr Charters speaks feel- 
ingly. He met with a disappointment in early life ; he 
had long cherished a deep and secret attachment to a 
young lady, without the smallest surmise on her part 
of his attachment, and when he summoned courage 
to declare himself, he learned that she had already 
promised her hand to another. There is no doubt 
that this cast a shade on his subsequent life, but se- 
veral years afterwards he married one of his pa- 
rishioners, a very amiable lady, Miss Margaret Scott, f 
and possessed of a large property. Their joint bene- 
volence was as boundless as their means were ample, 
and many had reason to bless their name. I should 
willingly have furnished you with some extracts from 
his letters to several members of my family and my- 
self, but he left strict orders that, at his death, all 
his MSS. should be destroyed, which were complied 

" Dr Charters superintended the printing of his 

• " We behold abounding sects as so many pledges of the right of 
private judgment — a sacred right, which it is the glory of this na- 
tion and of this age to respect." (Sermons on Intercessions, published 
1779.) -Ed. 

t Sister to the Laird of Bumhead or Burngrore, yrhose estate she 
afterwards inherited. 


nephew Dr Hardie's sermons. In a letter to me he 
thus breaks oflF — * I am stopped by the mournful 
tidings that Dr Hardie died last night — to me as the 
loss of any only son.' To the last days of his life he 
took the warmest interest in the four orphans left 
by that excellent young man. His wife and his 
elder sister, who died in his house, lie side by side 
in the most remote corner of the churchyard wall ; 
and my uncle never passed that way, as though he 
was too deeply affected to view the spot. Those who 
called him a Stoic knew nothing of the deep well of 
tender feelings contained in his heart. 

" At the time I visited Scotland he had not estab- 
lished his parish library, but he was wont to lend 
his humbler parishioners books from his own, which 
was very extensive ; and it was one of his pleasures 
to judge of the tastes and dispositions of his bor- 
rowers by the works of which they made choice. 
I have seen several of them waiting outside his 
house till their turn came to be called in.* " The 
Village Schoolmaster's Grave" was suggested to me 
by a narrative furnished by Miss Hardie, when walk- 
ing with her in the churchyard at Wilton. She told 
me that the headstone placed over the parish school- 
master there was inscribed by Dr Charters. I hope 
that in the lapse of years this has not crumbled to 
decay, as it would now be a memorial of the hand 
that inscribed it, and of the youthful pair who sleep 

" Dr Charters' style possesses that brevity and sim- 
plicity which belong to elegance and sublimity, A 
splendid proof of this is furnished in the commence- 

* The writer adds, that he passed nearly the whole of each day 
in his library, and would sometimes bring a log of wood on his 
shoulder for the parlour fire, sajdng, *' Here comes Caliban." This 
reminds us that he idolized Shakspeare ; and when what was 
tenr.ed a purified edition of the great dramatist was announoed, it 
encountered his severe reprehension. — Ed. 


ment of one of his sermons. What can be more 
sublime than the short sentence literally translated 
from the Hebrew, * Light be ; and light was/ They 
sadly mistake true eloquence who seek to find it in 
a multitude of high-sounding flowery words. Though 
habitually grave and serious, yet he enjoyed a hearty 
laugh as much as any one. In answer to an amusing 
anecdote which I related to him in a letter, he says, 
* Your anecdote afforded us a hearty laugh, a rare 
enjoyment in our seclusion/ On my visit to him 
he would have me sing, * The Vicar and Moses ;' 
and Burns' song of * Duncan Gra/ was a favourite 
'with him.* He took pleasure in the harmless amuse- 
ments of the young. At a social meeting in the 
house of Dr Somerville in the evening, the lasses 
present sung each their song to the best of their 
abilities ; and when they had all finished, he said 
to one of that gentleman's daughters, who was a 
very fine singer, * Many daughters have done vir- 
tuously,) but thou excellest them all.' (Proverbs, 
xxxi. V. 29. He had a considerable share of dry hu- 
mour. As he had many visitors attracted by the 
beauty of the scenery and his society, he would 
say that he would have a board placed before his 
house, with the announcement, ' No Tillysow kept 
here.' A nephew and niece from the south being 
on a visit to the manse, when the hour of sup- 
per arrived, he would say to his servant, * James, 
bring in the parritch, and the soor milk, and the horn 
spunes ; and when his orders were obeyed, he would 
say, * Noo, James, tak them a' awa, and bring ben 
the jam, and the ream, and the siller spunes,' as 
articles better adapted to their English tastes. One 
of his serving- men came to him in great perturba- 

• Another special favourite was, " Fye, let us a' to the bridal." 
Like Sir Walter Scott, however, he could not himself even croon, 
but by way of joininn; in the hilarity, would recite some Doric piece, 
such as " Willie Waetle."— Ed. 


tion, sajmg, that he had just seen Himself * Aye, 
aye, James,' said he, * what was he like ? ' * Ou, 
Sir, he was just like a black soo.' * Weel, but 
James, hoo do ye ken that what ye saw was na just 
a black soo, and no Himsel ? ' but James was not to 
be argued out of his belief that he had seen * Him- 
sel.' To a young gentleman, who was about to be 
married, and who asked him, if he did not think the 
lady of his choice eminently beautiful] he replied, < I 
would advise you to keep that discovery to yourself.' 
He took pleasure at times in the Doric simplicity of 
the Scottish dialect, and the description of feeding 
hungry schoolboys, by ' taking the runkles cot o' . 
their wame,' amused him highly. 

^< The aspect of Dr Charters had something awsome 
and austere ; but this was only the rough shell which 
contained the pearl of great price; for his people 
loved as well as feared him * 

" Through the influence of Lord Kames he unhap- 
pily obtained the presentation to Wilton church. I 
say unhappily, because in that secluded spot, he 
^ found that ease and solitude he sought.* A man 
of his capacious intellect, deep-felt piety, and vast 
store of information, was eminently calculated to en- 
lighten, adorn, and improve society. He was offered 
the professorship of moral philosophy in the Uni- 
versity of Glasgow ; and much to the regret of his 
friends, he declined it,"]" preferring rather to be the 

• Having inourred the displeasure of one of his neighbours, the 
yezed heritor could find no more severe saroasm, than that he was 
a ♦ Norlan.' 

Although a person of the very finest tone of mind, he could yet 
practise severity when such was ealled for. To a fellow who as- 
signed as a reason for absenting himself from church, that he 
now heard the true gospel preached elsewhere, Dr Charters replied, 
" I am glad to find that one of your stamp goes any where."— Ed. 

t In farther evidence of his unambitious character, it may be 
added, that although he was, in right of his wife, entitled to a 
county vote, at a time when this privilege was much coveted, he 
never claimed enrolment as a freeholder. Not the least charming 



pastor of a little country church, amid the green 
hills of the south of Scotland, where he quietly 
passed his long life, with the peaceful river Teviot 
gliding hefore his door. 

"But such men as Dr Charters should be like the 
sun, — not for themselves but for the world. He how- 
ever was contented to hide his candle under a bushel, 
while it might have shed light far and wide. Had 
he been compelled by circumstances to the exercise 
of his powers he would have occupied much more 
than a few lines in a Cyclopaedia ;* but he, 

* Bom for the universe, bounding his mind, 
To obscurity gave what was meant for mankind.' 

In his sermons, however, he has bequeathed a rich 
legacy to the public, and * being dead, by them he 
yet speaketh.' 

" Several of the above particulars were supplied by 
my mother, who was his favourite sister, and who, 
from their joint infancy, was better acquainted with 
his thoughts, opinions, and feelings than any one 
else could possibly be. What is related, therefore, is 
perfectly authentic. 

" I have omitted to state, that although he kept a 
very hospitable table, he was himself abstemious in 
both eating and drinking." 

Since this most interesting epistle was written, 

feature in his character was his disinterestedness, his lands having 
been let at not more than one-third of their true worth, and, be- 
sides, those which were not glebe grounds, also on very long leases. 

Although his published works contain no direct expression of his 
political tenets, yet these may easily be inferred, particularly from 
iiis eloquent Discourse on the persecution. Against the Test and 
Corporation Acts he spoke openly, and his speech in the General 
Assembly, advocating their repeal, it is belieyed. As early as 1791, 
was received with murmurs of applause. Against negro slavery, too, 
he uniformly spoke with much freedom. — Ed. 

* So far as is known, his Life has not appeared in any Cyclopssdia. 
The allusion is to a proposal to that effect which had been made, 
but was not acceded to.— Ed. 


Mrs Semple has been called to her account, having 
died at London in December 1856, aged 78. 

A. S. Hunter, was the daughter of Dr Hunter of 
London, well known as the author of Sacred Bio- 
grapky^ Translations of Lavater, and of St Pierre s 
Studies of Nature, and author of several Sermons. 
At the early age of twelve she assisted her father 
in translating from the French. In 1811 she pub- 
lished at Hawick the interesting Miscellany already 
referred to. This was followed by Thoughts on 
Education, which may be supposed, like the for- 
mer, to reflect in some degree the sentiments of her 
venerable uncle on the subjects treated of. Mrs 
Semple is represented to have been a person of great 
amiability, and, like Dr Charters, of a retiring dis- 
position, who shrunk from public notice. 

The Chartera family seems to be now extinct 
in the male line ; on the female side it is represented 
by Mrs Semple's son, a respectable physician in Tor- 
rington Square, London. 

XVII. Memorials of Dr Tlwraas Eardie, 
Minister of Ashkirk, 

Soon after Dr Hardie's death (in 1810) the fol- 
lowing obituary notice appeared in the Kelso Mail 

** In Dr Hardie learning and knowledge were 
blended with the most unassuming modesty, and 
moral excellence was tempered by a gentleness of 
spirit which shed over his character peculiar grace. 
If natural reserve gave to his manners, on a first 
acquaintance, the air of constraint or formality, that 
appearance was quickly dispelled ; and delighting in 
the intercourse of friendship, his conversation was 
frank, liberal, original, and useful. His heart was 


the seat of kindness and compassion; and not merely 
his studies, but even his relaxations, were devoted to 
the promotion of the welfare of his fellow-creatures. 
The time which he employed in supplying an im- 
portant desideratum in the education of the lower 
classes, by preparing an admirable collection, under 
the title of Extracts for Parish Schools, affords a 
convincing proof that he could stoop to the humblest 
office when it was in his power to do good. His 
voice in public was somewhat feeble, but this was 
amply compensated by the fineness of its modulation 
and tones ; while the choice of his subjects, the ele- 
gant perspicuity of his style, the pleasing expression 
of his countenance, the growing earnestness and 
pathetic warmth of his manner as he advanced in 
his address, the closeness of his reasoning, and the 
chastened luxuriance of his fancy, entitled him to 
be ranked in the first class of Scottish preachers, 
and in that class to hold a distinguished place. In 
the sequestered spot to which his professional la- 
bours as a minister of the Church of Scotland were 
chiefly confined, his virtues were best known and 
most highly appreciated. Long among his people 
will be the remembrance of his worth, and deep the 
sorrow which his early removal will excite 1 If the 
untimely loss of a character such as we have faintly 
delineated be dear to his family, to his friends, and 
to his country, the lesson which it affords is solemn 
and impressive. Let us bow with reverence to the 
will of Heaven, and learn to look beyond a world in 
which there is nothing perpetual but change." 

See also Sermon preached at Ashkirk, on 7th Oct. 
1810, in consequence of Dr Hardie's death, by his 
friend, the Rev. William B. Shaw of Roberton, after- 
wards of Langholm. Dr Hardie's Sermons have 
since been published. He was nephew of Dr Samuel 
Charters of Wilton. 


XVIII. Memorials of John Ley den, M,D,, 
author of the " Scenes of Infancy""^ 

Letter^ Dr Leyden to Dr Hare.^ 

« Madras 23d April 1811. 

" My dear Hare, — I am just on the eve of em- 
barking in the Modeste ; we go on board to-morrow 
morning at 7 o'clock. I take this opportunity of 
letting you know that I am hitherto as sound as a. 
roach. The voyage was very tedious, exactly thirty 
days, and of these were just sixteen resting ourselves 
for further convenience. No adventures happened 
except my climbing up to the top of the royal on 
being exceedingly teased by Elliot and Stewart 
(this vessel was then commanded by the present ad- 
miral, George Elliot, who is probably the party re- 

* As erery cironmstanoe relating to this delightfal genius is 
worthy of preservation, it may be mentioned that Mr Andrew Ley* 
den, youngest brother of the poet, although then a mere boy, re- 
members his farewell visit to his parents before leaving for India, 
and of his causing their mother to sing to him the old ballads of 
** Young Benjie," " Tamlane," and " Bonora." (See Border Mi- 

The above letter is given from an imperfect copy ; those which 
follow are from the originals. They are now published by permis- 
sion of Mr Andrew Leyden. 

t This gentleman, with Sir S. Raffles and Sir John Malcolm, were 
appointed Dr Leyden's executors by a will executed on his setting 
out for Java. 

Unfortunately no likeness of Leyden has been preserved. Before 
leaving London he gave several sittings to an artist, but the portrait 
was unfinished when he left England. While in that state his 
brother Robert fancied it might be altered so as to suit himself, and 
this execrable barbarism was actually perpetrated. The portrait, as 
thus altered, is understood to have come into the possession of the 
late Mr Richard Heber, since which all traces of it have been lost. 

Leyden was, when in London, introduced to Mr Pitt, who was 
much pleased with the poet, and presented him with a gold watch, 
valued at from 60 to 80 guineas. This flattering attention was 
afterwards amply compensated by the poet's noble Verses on the 
Death, of Nelson, incontestably the finest of the numerous poetical 
effusions to which the victory at Trafalgar gave rise. 


ferred to, though it is possible that his brother, Mr 
John Elliot, M.P., may have been on board ; Mat- 
thew Stewart was a son of professor Dugald Stewart), 
and thereby taking them in to the tune of 60 gold 
mohurs ;* but I was the person chiefly taken in after 
all, for I cut my hands most barbarously in attempt- 
ing to precipitate myself down by a coil rope. Being 
very squeamish all the way, I did little but read 
Dutch and Malay. Our water was most abominable, 
being, I believe, the very quintessence of all the 
corpses of the Ganges. When we reached Madras 
we found the expedition far from being ready." 

Letter^ Mr Scott {afterwards Sir Walter Scott) 
to Mr Robert Leyden, 

*' Ashiestiel, 22d Dec, (1811.) 

"Sir, — I am much affected by the melancholy 
news of your brother's death, which I learned from 
Mr Gilbert Elliot's information the day before yes- 
terday. I beg you to express my very sincere sym- 
pathy to your respectable parents. I cannot wonder 
at the excess of their grief at being deprived of a son 
who was an honour to them, to science, and to his 
country. Anything which I can do to show my 
regard for the friend I have lost, his surviving rela- 
tions have a right to command. Your brother often 
expressed a wish to me that I would (in case of the 
event which has happened) select and superintend 
the publication of his literary remains. If it were 
a^eeable to his friends, I would willingly undertake 
this task, and endeavour to render such a publica- 
tion as beneficial to them as possible. Mr Murray 

* Mr Morton states that he refused to take the money ; and hav- 
ing received a written order for the sum, immediately destroyed it. 

There are other letters of the poet in existence, bat these are 
unfortunately not at present accessible. 


would, I am sure, render me all the assistance in his 
power upon the tracts which may be preserved, 
bearing reference to Oriental learning ; and I would 
endeavour to do justice to John Leyden's kind heart 
and extensive endowments in something of a bio- 
graphical memoir.* The value of such a work will 
very much depend on what MS. your brother may 
have left in India, which I have no doubt will he 
safe, he being under Lord Minto's patronage. It is 
probable, indeed, that your brother may have ex- 
pressed his own wishes, and left his own directions, 
in which case my interference will be unnecessary. 

" I fear, from the expenses which your brother in- 
curred in purchasing Oriental MS., as well as from 
his disregard of money, he may not have left much 
fortune. But I trust enough will be realized to 
render the old age of his parents as comfortable as 
it can be under such a deprivation. I take the ear- 
liest opportunity to say, that his succession will not 
be diminished by any claim of mine. I never con- 
sidered the sum of money (about L.lOO) which I 
advanced to assist him on his equipment for India, 
as anything but a gift of friendship, under the less 
embarrassing name of a loan.f 

* This he afterwards acoomplished. See his MigceUaneout Proae 
Works and JEdinburgh Annual Register for 1811. . 

f This allusion was not needed in proof of the well-known kind- 
heartedness of Scott, but the admirers of Leyden cannot fail to 
regret that the generous deed should have remained so long unpro- 
mulgated. The letter was sent to Mr GilfiUan at an opportune mo- 
ment, when he was preparing his memoir of Sir Walter for the 
press. It is thus, at last, insured the extensive circulation which it 
well deserves in his great work. • # • Fortunately, 
however, Leyden himself has gratefully acknowledged the warm 
friendship of Scott in an enduring record — 

" O Scott I with whom in youth's serenest prime 
I wove with careless hand the fUiy rhyme. 


Thy mind, whose fearless frankness nought could move ; 
Thy friendship, like an elder brother's love. 
While from each scene of early life I part, 
True to the heatings of this ardent heart, 


" I have learned no circumstances of my friend's 
death different from those you mention, unless that 
his residence near an artificial pool or lake is sup- 
posed to have had some share in producing his dis- 
order, I am," &c. 

Letter^ Dr Thomas Brown, Professor of Moral 
Philosophy in the University of Edinburgh^ 
to Mr John Ley den* 

" 79 Princes Street, Edinburgh, 
December 26, 1811, 
** My DEAR Sir, — Before I received the melancholy 
letter of this evening, I had already heard from ano- 

When half deceased, with half the world between, 
My name shall be unmentlon*d on the green ; 
When years combine with distance, let me be, 
By all forgot, remember'd yet by thee!" 

Scenes ofliifancy^ Part IL 

Mark, too, how emphatically and touohingly Leyden speaks in a 
letter, it is believed the last he wrote in England, dated 1st April 
1803 : " Money may be paid, but kindness never. • • * And now, 
my dear Scott, adieu. Think of me with indulgence, and be certain 
that wherever and in whatever situation John Leyden is, his heart 
is unchanged by place, and his soul by time." (Scotfa Life, y. 2., p. 
117.) Ever honour to the memory of Scott then, for his generosity 
to Leyden. 

It is pleasing to add that the Rev. Sydney Smith, at a time, too, 
when his means were not considerable, generously contributed L.40 
towards the same object. 

* For various interesting notices of this worthy sire of a son of 
genius, see Mr Morton's L^e of the poet. 

According to the information of a Captain Leyden, cousin of the 
poet's father, the armorial bearings of the family, which he had pro- 
cured in Holland, were *' Argent between 3 lions rampant s^des, 
a fess gules charged with 3 mullets of the field ; for crest, a lion 
rampant ; gules, on a coronet jewelled proper ; supporters two wy- 
vems? vert" In connection with this it maybe added that the 
name seems to be far from common in Scotland. It is not to be 
found in the very copious Indices to Thomson's Edition of the Sta- 
tutes, or in ** the Acta Dominorum, " or " Acta Auditorum." In 
the Roxburghshire electoral roll for 1835, containing nearly 1900 
names, it occurs in only two instances besides the poet's three bro- 
thers. It does occur in the Hawick records two centuries ago 
(see Annals of Hawick, p. 64.) ; and there are still a few families in 
Hawick and Denholm, all of whom, including the individuals on the 
electx>ral roll, are believed to be from the same root, little more 
than a century ago. 


tLer quarter of the death of your son, and great as 
my affliction was on my own account, at the loss of 
one with whom I had been for so many years in 
habits of the most intimate friendship, I can assure 
you that the thought of the distress which you and 
Mrs Leyden, and your whole family, would have to 
feel, formed no small part of my grief. I trust 
however that you are now recovered, at least from 
the first heavy blow, and that the sorrow which you 
now feel is only of that gentler sort which admits of 
the consolations of friendship and the still more pre- 
cious consolations of religion. There is no friend- 
ship, and I may add there is no religion, that will 
forbid you to weep for the loss of such a son ! — but 
the one will point out to you the comfort which 
you ought to feel in thinking of the usefulness of 
his past life, of the honour which he had already 
earned by his merits, and of the regrets of those who 
were preparing to honour him still more ; and the 
other will suggest to you that divine and never- 
failing comfort which arises in the very thought of 
immortality, in the confidence that the virtues and 
honours of your son on earth were but the opening 
of a far brighter track, which he is still pursuing, 
and in which you are to have the delight, not of 
admiring him merely and loving him at a distance, 
but of being present with him, and present with him 
for ever, as a partaker rather than a witness of all 
the happiness and glory which he is to feel. 

" Be assured, my dear Sir, that in all this family 
you have friends who most truly sympathize with you 
at present, and whose best wishes and best services, 
if they can at any time be useful to you, or to any of 
your family, you may at all times reiadily command. 

" With this expression of oiir sincere condolence, 
believe me to be at all times, with equal sincerity, 
yours," &c. 


Alexander Murray^ Esq^^ afterwards Professor 
of Oriental Languages in the University of 
Edinburgh, to Mr Robert Leyden. 

" Manse of Urr, Feb. 7, 1812. 

«< Dear Sir, — I have just received your letter of 
the 30th January last ; — the delay of it has been oc- 
casioned by its being addressed by Dumfries, not by 
Castle-Douglas, which is our nearest post-town. The 
former letter that you mention I have not received, 
owing, as I think, to the same cause, or perhaps 
to the stupidity of the old man who manages the 
post-ofHce at the town next to us, and who often 
permits letters to be lost. 

** The news of your brother's death were very se- 
vere for me. The loss of an old and intimate friend, 
and one of the most eminent scholars in the world, 
in the prime of life, and advancing to that full de- 
gree of usefulness which would have done so much 
good, will be felt by all who stood to him in that 
relation in which you know we were from the first 
years of our attendance at the University. Though 
separated by our situations in life, our pursuits were 
perhaps so nearly connected, that, had he lived, the 
friendship which subsisted between us would have 
produced advantages of which it is now vain to speak.* 

* The resemblance between these distinguished individuals was 
remarkable. Born in the same year ; both the sons of parents in 
the humblest sphere of life ; their studies similar ; encountering 
equal diffioalties in the pursuit of knowledge ; fellow-students and 
associates under the same teachers in the same Uniyersity ; and 
both possessing an aptitude for the acquisition of languages truly 

* Though Leyden aids, alas ! no more 
My cause with muiy languaged lore.'— Marmion, 
Both, too, out off in their prime, and in the'midst of brilliant careers, 
to the great loss of literature and the world. 

In Memorials of his Time, by Lord Cockburn, to whom they were 
well known, will be found characteristic portraits of both Leyden and 


*' You may rest assured that any assistance which 
I can give towards editing his writings, or making 
up an account of his great literary attainments, 
shall he afforded with melancholy pleasure. I did 
not expect so sopn to have heen called to a share in 
that painful duty, and I must add that I am not 
well qualified to discharge it; for, though I was 
acquainted with the nature of his oriental studies 
till he went to India, the vast acquisitions which he 
made there are, I fear, heyond my scanty stock of 
oriental reading either to descrihe or understand. 

" Mr Scott is every way the proper person for edit- 
ing his works and writing the memoir of his life, 
which should he prefixed to these. I have written 
hy this post to Mr Scott, offering any notices that 
I am ahle to supply, and in the manner that he 
chuses to ask them. If you have occasion to cor- 
respond with him, you may express to him my rea- 
diness to do all that I possibly can to promote his 
friendly design. 

" There are some facts which it will fall to your 
care to collect on the spot — such as the precise date 
of your brother's birth ; of the time when, and the 
place where he went to school ; the teacher's name ; 
the date of his going to college ; and the like. I be- 
came acquainted with him in the winter of 1794, 
which was, I suppose, his second or third year at 
the university.* 

" I thoroughly sympathize with your father and 
mother in their sorrow for the death of such a son. 
He was, indeed, a man of whom any parents might 
have expected the best, and for whose loss they 

* While these sheets are passing through the press the writer 
has seen a little work, entitled SiipplemerU to Sir Walter Scotfs 
Biographical Memoir of Dr John Leydeut by Mr Robert White 
of Newcastle. This is a very interesting narratiye, although from 
there having apparently been only twenty-five copies printed, it is 
not likely to become so generally known as it desenres to be. 


might have lamented the most that it is possible for 
human nature to accomplish. 

'< Be so good as to write me at your convenience 
what measures are taken in the matter of collecting 
his posthumous works, and how that intention is pro- 
ceeding. — ^Believe me to be, dear Sir, with all the 
sincerity of an old acquaintance, and regard for your- 
self and your father's family, your obedient friend 
and servant." 

The same (then Professor Murray) to the same. 

" Urr, llthJuly, 1812. 

** Dear Doctor,* — I have received your congra- 
tulatory letter of the 9th current, and owe you many 
thanks for the pleasure you feel in my preferment. 
I have got, after a hazardous engagement, a victory 
over the friends of the old system — or, to speak the 
truth, the friends of literature and independence; 
and the University have, in my obscure but fa- 
voured name, conquered certaui principles and prac- 
tices which you and I have long been accustomed to 
reprobate. I willingly confess that I am proud of 
being the nucleus of this glorious light at present, 
but you know it dawned on us some time before 
the business of Mr Leslie, and has from the time 
of his brilliant affair continued to increase, f My 
desire and sincere wish is, that it may be like the 
sun, perpetual and regular. Wise and able men of 
all parties now begin to see distinctly that mean and 
mediocre men are of little use in a university sup- 
ported entirely by its reputation. 

" You speak too favourably and indiscriminately 
of my talents and learning. In one or two things I 
happen to have no competitors for reputation, be- 
cause nobody has been led to study in that track. 

« Mr Robert Leyden had been a medical student, 
t See Memoriab of his Time, by Lord Cookbum. 


But I tave not a few contemporaries that far sur- 
pass me in literary attainments ; and though lan- 
guages and philology are new subjects when consi- 
dered in a philosopical manner, yet I always hold 
both to be only instruments to the science of morals, 
to political knowledge, to history, to the various 
kinds of poetry, — that celestial art, the influence of 
which exerts a power on the most distant ages, and 
forms the spirit of civilized nations by visions of 
perfection to which our nature here can never actu- 
ally approach. It becomes me, no doubt, in common 
with superior workmen, to do-all that I can in my 
peculiar walk of reading to add to that accumu- 
lating store, the treasure of useful knowledge ; for 
we owe to this treasure, which I am proud to see 
increasing, that ' rank which our country holds 
among others, that difference which exists between 
our common peasants and their neighbours in the 
rest of the empire, and that superiority which our 
literary men have gained over the well-endowed 
fraternities of the south. You may perhaps think 
these observations too contracted and national. They 
do not, however, flow from a heart that loves nothing 
but the glory of its native country. It would be a 
proud day for science and learning if they could dis- 
cover their influence extended to every land, and 
knowledge, religion, morality, and their inseparable 
attendants, rational liberty, ennobling and tranquil- 
lizing the whole human race. 

" You justly observe that there are many circum- 
stances which change the tone of congratulation 
into that of anxiety and grief. Our indefatigable 
and invaluable friend, than whose a more ardent 
spirit never comprehended whatever is vast, nor sur- 
mounted whatever is difficult in literary pursuit, has 
prematurely closed his brilliant day, and is gone. 
When recently engaged in researches into the seve- 


ral affinities of certain lan^ages, in which he was 
extremely conversant, I felt an anticipation of plea- 
sure from the thought that my inquiries would in 
due time come under his eye, and undergo the friendly 
correction of his ahle and learned judgment. Alas ! 
this expectation was utterly vain, for the possibility 
of its being accomplished was already past. 

'* In this manner are we left to mourn over irre- 
parable losses, over the havoc made by time and 
death ; among the best of our comforts, to see age 
advancing rapidly, and many gone for whom we 
wished to live ; and much undone which should have 
been accomplished. Yet making some allowance for 
the bodily inconveniences of ill health, or old age, 
which are no doubt causes of frequent irritation, I do 
not think it right that we should permit despair, or ra- 
ther morbid despondency, to cloud our minds, either 
on account of the loss of friends or the natural 
course of human fate. It is a good doctrine that 
assures us that virtuous minds never die, and it is 
one better still that leads us to repose on the bene- 
volence and perfection of the First Cause for immor- 
tal felicity, increasing in proportion to the enlarge- 
ment of those intellectual and moral powers which 
we either possess or admire here. These are conso- 
lations presented by our reason and by our faith. If 
we are disposed to reject the dictates of both, and to * 
believe that the grave is the tomb of all that is vir- 
tuous, as well as all that is dust, we have our com- 
forter beneath our feet, and ever ready to receive us. 
But this is too absurd to be seriously maintained in 
our own behalf, br for the benefit of others. 

" When I come to town I hope to have the plea- 
sure of finding you in good health, and following 
your own favourite amusements. The * Vita sine 
Uteris mors est ^ has long been your motto, and also 
mine. — I am,'* &c. 


The same to the same. 

" 5 College Streety Edinburgh, 
Nov. 13, 1812. 

** Dear Sir, — I received your letter only to-day, 
and, in reply, I have to thank you for letting me 
know the state in which my much-lamented friend, 
your brother, left his papers* You may assure Dr 
Hare, whom I am sorry I have not had the good 
fortune of meeting with, and every gentleman con- 
cerned in executing your brother's will, that I shall 
be most ready to give any assistance in my power 
towards the arrangement of his MSS. As to the 
nature of them, they are no doubt very various, and 
I presume very valuable, as he was an excellent 
judge of eastern books, and engaged in seeking out 
such as were most scarce and curious. I should 
be happy to have a look at the catalogue or list of 
the MSS. I am, however, of opinion that Dr Hare 
is right in not shewing the papers till he find an op- 
portunity of doing so to advantage. A collection 
of that kind should be sold to some public library, 
to which I think it would form a valuable accession. 
For effecting the sale, a short descriptive catalogue 
would be a good preparative. 

" The Poems should, I think, be published im- 
mediately. The manner and method should be settled 
between the executors and booksellers, with the as- 
tsistance of Mr Scott's advice. He appears to me 
the best qualified of all your brother's friends for 
giving an account of his short and very eminent life, 
and for superintending the publication of his works. 
I have promised, both to you and to Mr Scott, any 
service in my power relating to that subject. 

" With regard to your obliging concurrence in 
letting me have the use of any of the MSS. likely 
to be serviceable to me in the line of teaching, I re- 


turn you my sincere thanks ; but no papers or books 
should be withdrawn from the rest that might in the 
least diminish their value, or render them less sale- 
able as property. If they go into any great library, 
the public will of course have access to them. 

" I have little time at present, and therefore can- 
not write at greater length. If you could find time 
to make a copy of the list of MSS., and would 
transmit it to me in some convenient way, care of 
Messrs Constable and Co., I would endeavour to 
form from it some idea of the extent and nature of 
the collection. — In the meanwhile, I am," &c. 

Professor Thomas Brown to Mr John Leyden, 

Princes Street^ Edinburgh, 
May 3 (1819). 

<* My dear Sir, — I ought before now to have ac- 
knowledged, with many thanks, the receipt of the 
volume which you had the kindness to send me 
through Mr Morton. It is truly most valuable to 
me as a record of {not legible) works of genius, — as 
a memorial of one of the earliest and most intimate 
of my college friends, — and, I may add, as the gift of 
one for whom I feel a very high respect, not merely 
as the father of my friend, but as an example of 
what Scotland has best reason to. be proud of in the 
moral worth of her virtuous and honourable pea* 

** Our excellent friend Morton has written a very 
pleasing narrative, which I trust is only the first oif 
many works that are to do him honour. It would 
perhaps have been better for the whole volume if 
the charge of the poetic part of it likewise had been 
in his hands. 

** I received a few days ago, from Mr Erskine of 


Bombay, a letter which had been very long on its 
passage, as it was of date the 1st of October. He 
expected that the Life of Bdber, which your son 
had in part translated, and which was afterwards 
finished by Erskine, would have been published long 
ago. I know how long Heber had suffered it to re- 
main unasked for in the warehouse of the India 
Company; but I have not heard of late what is 
doing with it. Erskine wished the publication to 
be for your benefit ; but if no publisher would un- 
dertake it, or it did not seem likely to be profitable, 
he has no wish himself that it should appear. He 
is to be regulated entirely by your wishes on the 
subject. There is no fear of its being creditable to 
all the parties concerned in the translation, so that 
there is no question, I conceive, but as to the likeli- 
hood of being of profit. 

" My sisters* unite with me in best regards to 
Mrs Leyden and you, and our old friend Robert ; — 
and I beg you to believe me always yours most 

Robert Southey^ Esq., to Mr John Leyden, 

« Keswick, Slst December 1826. 
" Dear Sib, — I am greatly obliged to you for the 

* See the poet's unfading apostrophe to Aurelia in the Scenes of 
Infancy, If that lady was a real personage, Miss Janet Brown, one 
of^these sisters, was probably the individual. As to this, Mr Mor* 
ton, the biographer of Leyden, writes (1841), " There was certainly 
a mutual attachment between her and Dr Leyden, and I have some 
lines addressed to her by him, which she gave me herself a short 
time before her death." " Marsaret Brown, one of the three sisters 
of Dr Brown, published Lays of Affection, Edinb. 1819. She was a 
woman of gentle and unobtrusive manners, and of pious disposi- 
tion. Her poems constitute a respectable memorial of her virtues." 
—Rogers' Modem Scottiah MtnttrOy vol. ii., p. 280. 


Memoirs of Baher^ a book which I am glad to pos- 
sess for its intrinsic worth, and which I shall always 
▼alue the more for having thus received it. It was 
not my fortune to be personally acquainted with 
your excellent son ; but I knew him well by cha- 
racter, admired his genius and his extraordinary en- 
dowments, respected his worth, and loved him for 
his singleness of heart. He was one of those very 
few men who have devoted themselves to literature 
for its own sake, and have not considered the pur- 
suit of knowledge as merely subservient to the pur- 
suit of fortune. The loss of such a man is a cala- 
mity, not to his country alone, but to the world. 
Yet, early as it pleased God to remove him, he has 
done great things; he has left an example which 
will be always admired, though seldom imitated, — a 
reputation which will never be surpassed and rarely 
equalled, and a name which will always be held in 

" The time which is bestowed upon our moral and 
intellectual improvement is not lost, even when the 
fruits are not permitted to be seen in this world. 
It is a consolatory thought that we shall carry into 
a better state of existence those feelings and habits 
of mind which, by refining and exalting our nature 
here, qualify it for higher enjoyments than are here 
to be found, and for a happiness which, while it is 
everlasting, shall be continually increasing in degree. 
I am old enough, and have sufiered bereavements 
enough, to derive more comfort and satisfaction from 
this thought than from any prospects that the world 
could afford me. — ^Believe me," &c. 


XIX. Pedigree of the Family of Donglaa of 

William, Lord Douglas,f nephew to the Good Sir 
James, was created Earl at the hattle of Durham in 
1346. He married Margaret, daughter of Donald, 
Earl of Mar, and sister to Thomas, at whose death 
she became heiress of that earldom, and brought her 
husband large possessions in the south of Scotland, 
including, it is said, the barony of Cavers, &c. By 
her he had James, second Earl Douglas, and Isabel, 
who, at her brother's death, became Countess of Mar. 
He died about 1384. 

James, second Earl, was killed at the battle of 
Otterburn, J 21st July 1388. He left two sons, who 
were not recognised as legitimate, — ^William Douglas 
of Drumlanrig, Hawick, &c., ancestor of the Dukes 
of Queensberry; and Archibald, first of the Douglases 
of Cavers, 

1. Archibald Douglas carried his father's stand* 
ard at the battle of Otterburn, and defended it widi 
success against the repeated attacks of the English; 
it is still preserved at Cavers. (This circumstance 
has probably misled those historians who have stated 
that it was the flag of Percy which Douglas captured 
before Newcastle. The trophy which Earl Douglas 
won in that encounter, and which has been always 
preserved along with the foregoing, was a small or- 

* It is believed that the pedigree of this family is now pablished 
for the first time. It has been carefully drawn up from various 
sources, printed and manuscript. 

t For an account of the origin of this great family from William 
of Dufglas, the first known to record, who between the years 1175 
and 1199 witnesses a charter by Joceline, Bishop of Glasgow, to 
the monks of Kelso, see ParockidliU Origmesj v. i., p. 155. See also 
Hume's History of the Hoviaet of Douglas and Angtu, and the Quar" 
terly Review for March 1856, article 1. 

X See the ballad of Chevy Chate, 


nament of silk, with the cognisance of the Percies 
embroidered in small pearls, which was attached to 
the end of Percy's lance when it was captured by 
Douglas.*) He had from his father the lands and 
barony of Cavers, with the heritable sheriffship of 
Teviotdale. It seems that the superiority remained 
at first with the Countess of Mar, and that Archibald 
had from her a new charter of the lands and sheriff- 
ship without procuring the royal sanction, by which 
neglect they recognosced to the King, and were con-» 
ferred by him on Sir David Fleming of Biggar in 
1405. But as Fleming did not long survive that 
date, it does not appear whether he ever took pos- 
session. Sir Archibald afterwards obtained from 
King James I. a charter of confirmation, dated at 
Croydon, 30th November 1412, proceeding upon a 
charter granted to him by his aunt, Lady Isabel, 
Countess of Mar, in her widowhood, in which the 
superiority is resigned. He died in the reign of 
James I., and was succeeded by his son. 

2. Sir William, who had a like charter from the 
King in 1432. He died in 1452, and was succeeded 
by his eldest son. 

3. Sir Archibald, one of the commissioners for 
settling a truce with the English in 1457, and a 
Warden of the Marches in 1459. He died in 1486, 
and was succeeded by his son. 

4. Sir William, a Warden of the Marches in his 
father's lifetime, and called by King James III. to 
assist at the Parliament at Edinburgh 29th January 
1487. In 1488 the old Earl of Douglas wrote to 
him from his cell in Lindores,f exhorting him to 
continue loyal to the King, &c. Being at the battle 
of Sauchieburn, 11th June 1488, he was outlawed 

♦ Both trophy and flag are engrayed in Sir Walter Scott's Border 
AfOiquities, 2 vols. 4to. 

t Drummond of Hawthornden's Hittoru of the Five Jameses, James 
III., p. 68, foUo, ed. 1711. 


by the victorious party, but obtained a remis- 
sion for himself, with his friends, &c., dated 10th 
January 1489. A protection was given under the 
Privy Seal in 1602 to William Douglas of Cavers, 
knight, and William his son and heir, who is to 
pass to Denmark. Probably this William died be- 
fore his father, who is said to have "died (1608) in 
defence of the realm, in resisting the old enemy of 
England" (Charter 21 of James IV. 1609.)— Craw- 
ford's MS. Baronage in Advocates' Library. 

5. Sir James married Elizabeth, daughter of John 
Murray of Fala Hill,* and died in the beginning of 
Queen Mary's reign. He was succeeded by his eldest 

6. Sir James, who was served heir to his father 
in 1646. He married Christian, daughter of Sir 
Andrew Ker of Faimiehirst, and had two sons, Wil- 
liam his successor, and James. He died in 1667. 

7. Sir William married Euphemia, daughter of Sir 
William Ker of Cessford. (That this was the name 
of his wife seems placed beyond doubt; a charter 
extant, containing the names of James Douglas fiar 
of Cavers, William Douglas his father, and Euphe- 
mia Ker his mother. But Douglas's Peerage (article 
" Cranston") asserts that Sir William married Eliza- 
beth, daughter of Sir William Cranston of that Ilk.) 

8. Sir James had a charter under the Great Seal 
on his father's resignation, reserving liferent, &c., 
1 676. He married firsts Janet, daughter of Sir John 
Cranston of that Ilk, by whom he had Sir William ; 
second^ a daughter of Sir James M*6ill, by whom 
he had James, minister at Cavers, and Thomas, 
bailie in Edinburgh. He died in 1612. 

♦ Ancestor of the Murrays of Philiphauffh. 

t It seems from the Harleian MS., 1482, that he had two other 
sons. 2. William of Friershaw (who had two sons, John and 
James), d. Robert, who married Helen Douglas, heiress of Tod»- 
lia (Q, and had a son James. 


9. Sir William, who was deeply engaged on the 
Parliament side, and was one of the commissioners 
from the Scottish army to treat with Charles I. in 
1639. He is frequently mentioned in Baillie's Let- 
ters as ** the sheriff of Teviotdale."* He commanded 
a regiment of horse, and defeated a hody of men raised 
from Kichard Graham's lands in the north of Eng- 
land, who were on their march to join Montrose in 
1646. He was also one of the commissioners for 
trying the Montrosians in 1646.f He married Ann 
Douglas of Wittingham, and left two sons — ^Archi- 
bald his heir, and John, head of the Douglases of 
Garvald ; and a daughter, married to Sir William 
Elliot of Stobs. He died about 1668. 

10. Sir Archibald, who also had a command in 
the army of the Parliament, purchased in 1658 the 
lands of Denholm, Spittal, &c., from William Lord 
Cranston, whose ancestors had held them in feu from 
the family of Carers since they were first granted by 
charter of Thomas, Earl of Mar. He married Ea- 
chel, daughter of Sir James Skene of Halyards, Pre- 
sident of the Court of Session. Their united arms 
may still be seen rudely carved over the kitchen chim- 
ney at Westgatehall, Denholm. He died not long af- 
ter his father (1669 ?), and was succeeded by his son. 

11. Sir William, married to Katherine, daughter 
of Thomas Rigg of Athemie (better known as the 
Good Lady Cavers, some notice of whose sufferings 
during the persecution, especially after the death of 
her husband, may be seen in Wodrow, Crookshanks, 
and other histories of the times, and of which a de- 
tailed account will be found in The Ladies of the 
Covenant^ lately published. She was imprisoned in 
Stirling Castle from November 1682 to December 

* See also AnnaU of Hawick, pp. 233-254, dates 1622-1642. 

t This was placing Sir William in a delicate position, seeing that 
nine of his sister's sons had fallen in the preceding year at Anld- 
erne. See below, Noticu of the Oladttona, Appendix, XVI.— £d. 


1684 (with the exception of three months, from July 
1683, during which she was released on hail for the 
recovery of her health), when her son, returning from 
his education ahroad, gave a hond that she should 
conform or leave the country within fourteen days, 
in accordance with which she went to reside in Eng- 
land.) Sir William was deprived of the sheriffship 
for not complying with the innovations of the Go- 
vernment.* He died in Decemher 1676, leaving five 
sons — 1st, William, his heir; 2d, Archibald, who 
succeeded to William ; 3d, John ; 4th, James ; 5th, 
Thomas, ancestor of the present family of Cavers. f 

12. Sir William (has been supposed to be the Sir 
William Douglas mentioned in Dalrymple's Memoirs, 
vol. i., p. 123, 4to ed., 1771, whose wife, a French 
Protestant lady, was not permitted by Louis XIV, 
to leave France, though applied for by the ambas- 
sador in 1685 ; but of this we have found no con- 
firmation.) He accepted the command of a troop of 
dragoons from William III., on his accession to the 
throne, and married, about 1690, Elizabeth, daughter 
of Mr John Douglas of Newcastle, but they left no 
family. J He died in 1698^ and was succeeded by 
his brother. 

13. Archibald, who married Anna, daughter of 
Francis Scott of Gorrenberry, was Keceiver-General 
for Scotland from 1705 to 1718, and Postmaster- 

♦ See Register of Acts of Privy Cknmcil 25th July 1684. 

-j- This Thomas, who was born in the May following his father's 
death, married Miss Jean Pringle of Raining, and had a son An- 
drew, who was a merchant in Suffolk Street, London, and in 1778 
was Paymaster of the Navy. He married Miss Meroer, and died 
leaying two sons — 1st, George, who succeeded to Cavers (see 
below) ; 2d, Archibald, who succeeded his cousin, Captain John 
Douglas, in the lands of Adderstone, Midshiels, &c. He married 
Miss Jane Gale of Arkleby, Cumberland, and dying in 1825, was 
succeeded by his son, now Archibald Pringle Douglas, who married 
Margaret Violet, daughter of Mark Pringle of Uaining, &o., and 
has issue. 

X She afterwards married, secondly. Sir A. Home. 


General for Scotland in 1725. He acted as curator 
for tlie Dukes of Douglas and Queensberrj during 
their minorities. He represented Roxburghsldre in 
the last Scottish Parliament, and concurred in the 
Union. He was actively engaged with Argyle and 
Carpenter in 1715, advancing money at his own risk 
when no public resources were available, and at- 
tended Argyle at Stirling, bringing 300 baggage 
horses from Roxburghshire for the march to Perth 
at a few days* notice, in the midst of the violent 
snow-storm which then prevailed. He died in 1741, 
leaving a large family, four of whom succeeded each 
other as below. 

14. William, who resigned the sheriffship to his 
brother Archibald, in order to represent Boxburgh- 
shire in the United Parliament, 1742. He £ed 
unmarried in 1748. 

15. Archibald was the last heritable sheriff of 
Teviotdale, on the resignation of his brother ; heri- 
table jurisdictions being abolished by act of Parlia- 
ment shortly after 1745. He succeeded his father 
as Postmaster-General for Scotland, and married 
Elizabeth, daughter of Hugh Scott of Gala, and died 
in 1774. 

16. The Rev. James Douglas, D.D., Prebendary 

of Durham^ married Jean, daughter of Haly- 

burton of Pitcur, and died in 1780. 

17. John, Captain, R.N., married Ann, a younger 
daughter of H. Scott of Gala, and died in 1786. 

None of the above leaving any family, the lands 
passed to their cousin — 

18. (Jeorge, who married Lady Grace Stuart, 
daughter of Francis, eighth Earl of Moray. He died 
in 1815, and was succeeded by his son — 

19. James, the present proprietor, who married 
Emma, daughter of Sir David Carnegie, Bart, of 
Southesk, and has issue. 


The surname of Eliott in the soutlrof Scotia 


XX. Pedigree of the Eliotts ofStobs."^ 

The Eliotts of Stobs are a branch of the Eliotts 
of Larriston ; the first Eliott of Stobs being the se- 
cond son of William Eliott of Larriston by Mary, 
second daughter of Sir Walter Scott of Buccleuch 
(father of Walter first Lord Buccleuch) and Lady 
Mary Douglas, eldest daughter of David, seventh Earl 
of Angus. The family of Larriston became extinct 
in the male line about the middle (later than 1637) 
of the seventeenth century, so that the representa- 
tive of the family of Stobs is now the undoubted 
chief of that name. 

I. Gavin Eliott of Stobs,! second son to William 
Eliott of Larriston, about the end of the sixteenth 
century, was father to J 

II. Gilbert Eliott,§ commonly called " Gibby 
with the Gowden Garters," had a charter of the town 
of Rule in 1632. He married Margaret Scott, com- 

* This paper, drawn up in the year 1788, and preserved amongst 
the Minto archives, professing to give an acoonnt of the honse of 
Stobs from authentic documents, was apparently intended to estab- 
lish the chieftainship in them. It is believed to be accurate, ex- 
cepting in one particular noted below, although differing in vari- 
ous particulars from a pedigree of the Eliotts of Larnston and 
branches, drawn up about the year 1790 by the late Mr William 
Elliot, writer in Hawick ; but the present paper seems much more 
trustworthy. A copy of Mr Elliot's pedigree is in the editor's pos- 
session, to which any party interested may have access. It embra- 
ces the families of— 






















Midlem Mill, 






t This name occurs in Morrison's Diet^ vol. i., p. 201, date 1636. 

I Here the pedigree is incorrect, as Gavin belonged to an older 
generation, and there was no intermediate step between William 
Eliott of Larriston and Gilbert Eliott of Stobs, the latter being the 
son and not the grandson of the former. This is corrected in the 
tabular pedigree. 

§ His name also occurs in Annab offfmuiek, p. 231, date 1622. 
and pp. 256, 283, 292, 296, date 1623, and in Morrison's Diet., p. 
2701, date 1634. 


monly called " Maggy Fendy/' daughter of Walter 
Scott of Harden, commonly called " Anld Wat of 
Harden," and " Mary Scott, the Flower of Yarrow," 
by whom he had — 

1. William, his heir. 

2. Gilbert of Craigend. Charter 1637. 

3. Archibald of Middlestead. Charter 1638. 

4. Gavin of Midlem Mill, ancestor of Minto. 

5. John, an advocate. 

6. James, who married Margaret, daughter and 
heiress of Robert Elliot of Larriston and Lady Jean 
Stewart, his spouse. Vide charter, 27th January 
1637, and seisin registered in Particular Begist&r 
of Seisines for Roxburghshire, 1st September 1637. 
The original papers are in the hands of Colonel 
William Elliot, now of Larriston. 

Nota. — ^The above Robert Eliott was the last heir- 
male of the family of Larriston, the representa- 
tion devolving upon William Eliott of Stobs, 
eldest brother of James, who married the heiress. 
111. William Eliott of Stobs, Esquire. He had 
a charter of the Town of Rule in 1649.* He mar- 
ried Elizabeth Douglas, daughter of Sir James 
Douglas of Cavers, Knight, and had three sons and 
a daughter :— • 

1. Sir Gilbert, his heir. 

2. Gavin. 

3. William Eliott of Peebles, whose male repre- 
sentative was Sir John Elliot of Peebles, late phy- 
sician in London, who died in 1787. 

4. The daughter, Margaret, was married to Wil- 
liam Bennet of Grubit, Esquire. 

IV. Sir Gilbert, created in 1640 a Knight Ban- 
neret by the king in person at the battle of Scone, 
and afterwards in 1666 a Baronet of Nova Scotia. 

* He was served heir of his father Gilbert in the lands of Hang- 
ansyde, Roxborghahire, 14th May 1645. Tnq, Set. ziz., 176. — Ed* 


He married first, Isabella, seconddaughter of James, 
Master of Granstoun, by Lady Elizabeth Stewart, 
eldest daughter of Francis, first of that surname, Earl 
of Bothwell, and by her had — 

1. Sir William, his heir. 

He married, second, Magdalene, daughter of Sir 
JohnNicolson of Lass wade, Bart., and by her had — 

1. Thomas of WooUee. 

2. Gilbert Eliott of Stonedge. 

3. William Eliott, merchant in London. 

Nota, — Mrs Currey, wife of Mr Currey, Rector 
of Dartford in Kent, is his grand-daughter. 

4. And a daughter, Magdalene, married to Sir 
John Pringle of Stichel, Bart, 

Nota, — This last lady died at Stichel, and was 
interred there, 24th February 1699. 

V. Sir William Eliott. He married, first, Eliza- 
beth, eldest daughter of Sir John Scott, first Baronet 
of Ancrum. By her he had no issue. By his se- 
cond wife, Margaret, daughter of Charles Murray of 
Haddon, he had two sons and five daughters : — 

1. Sir Gilbert, his heir. 

2. John, in the army. 
Daughters — 

1. Margaret, married to Sir John Paterson of 

2. Magdalene, married to Alexander Scott of 

3. Janet, married to Captain Corbet. 

4. Elizabeth, married to John Forrest, merchant 
in Edinburgh. 

5. Christian, married to Mr Blair, episcopal mi- 
nister, Edinburgh. 

Sir William died 19th February 1699. 

VI. Sir Gilbert Eliott. He married Eleanora, 
daughter of William Elliot of Wells, merchant in 
London, by whom he had eight sons, viz. : — 


1. Sir John, his heir. 

2. William, merchant in India. He died in London. 

3. Gilbert, in the sea service of East India Comp. 

4. Archibald, merchant in London. 

6. Charles, lawyer. Judge- Advocate, Carolina. 

6. Elliot, captain in the navy. 

7. Cravin, captain of a ship in India. 

8. George Augustus, general in the army. Go- 
vernor of Gibraltar, K.B., and now (1788) Lord 
Heathfield of Gibraltar. 

Sir Gilbert died 27th May 1764. 

VII. Sir John Eliott.* He married Mary, 

daughter of Andrews in London, and by her 


1. Sir Francis, his heir. 

2. Anne. 

3. Eleanora. 

Sir John died 1st January 1768. 

VIII. Sir Francis Eliott, the fifth Baronet, mar- 
ried Euphan, daughter of Dixon, by whom he 

had two sons and two daughters : — 

1. William, his heir. 

2. John. 

3. Mary. 

4. Anne. 

XXI. Pedigree of the Family o/Minto.'f 

Gavin Elliot of Grange and Midlem Mill, fourth 

son of Gilbert Elliot of Stobbs, " called Gibbie with 

the Go wden Garters," and of Margaret Scott, daughter 

of Walter Scott of Harden, J called " Maggy Fendy," 

married a daughter of Hay of Haystone, by whom 

* Said to have been named after John, the great Duke of Argyle 
^Mr W. ElMofs Pedigree. 
t Revised by a member of the family. 
X See Annals of Hawkk^ p. 257, 


he had two sons, — Robert of Midlem Mill/ and Gil- 
bert, ancestor of Minto. 

I. Gilbert Elliot, second son of Gavin of Midlem 
Mill, bom 1651, married, first, Helen Stevenson of 
Dumfries, by whom he had one daughter, Mary, who 
married Sir John Elphinston of Logic, and had chil- 
dren; married, secondly, in 1692, Jean Carr, daughter 
of Sir Andrew Carr of Cavers, by whom he had two 
sons, Gilbert, his heir, and Andrew, drowned young, 
on his passage to Holland. He was admitted ad- 
vocate in 1687 ; appointed clerk to the Privy Council 
in 1689; received knighthood, and became Sir Gil- 
bert in 1692 or 1693; was created a Baronet in 
1700 ; was appointed Lord of Session and Justiciary, 
taking the title of Lord Minto, on the 28th June 
1706; died in 1718. His eldest son — 

II. Sir G;ilbert (second Lord Minto), bom in 1693 
or 1694, married in August 1718, Helen Stewart, 
daughter of Sir Robert Stewart of Allan Bank, and of 
Helen Cockburn, daughter of Sir Archibald Cockbum 
of Lanton, by whom he had 13 children, viz. : — Elea- 
nor, born December 1719, married in 1737 to Major 
Rutherford of Edgerston ; Jane, December 1720, 
died an infant; Gilbert, September 1722, his heir; 
Mary, March 1724; Robert, September 1725, in 
the army, died 1758 ; Jane, April 1727, authoress 

of the "Flowers of the Forest/' died ; Andrew, 

November 1728 ; Marianne, November 1730 ; John, 
April 1732, Admiral;* Margaret died an infant; 
Anne married Captain Congleton (twins, 1734) ; 
Grizell, November 1737 ; Archibald, September 
1743, Lord of Session, 21st June 1726 ; of Justi- 
ciary, 20th August 1733; Justice- Clerk, 1763; sat 
in Parliament for the Jedburgh district of burghs 
from 1722 till his elevation to the bench ; died 1766. 

* The oonqaeror of Thnrot. See Higtory of Engkmd, under date 
1760.— Ed. 


III. Sir Gilbert Elliot, bom 1722 ; went to Dal- 
keitb school 1734; at college 1737; passed civil law 
trials 1743 ; went to Holland 1744 ; 1746, married 
Agnes Murray Kynynmund, only daughter of Hugh 
Dalrymple, who was second son of Sir David Dal- 
rymple of New Hailes. She assumed the name of 
Murray, &c., as heiress to the estate of Sir Alexander 
Murray of Melgund ; by her he had seven children, 
viz. : — Isabella, born 1749, died unmarried ; Gilbert, 
his heir, bom 1751 ; Hugh, bom 1752, in the 
diplomatic service, and Governor of Madras ; Alex- 
ander, born 1754, in the East India Company's 
Service, died in India ; Robert, bom 1 755, rector of 
Wheldrake in Yorkshire; David, bom 1756, died 
young; Eleanor, bom 1758, married Lord Auck- 
land ; Sir Gilbert was elected M.P. for Selkllrkshire 
in 1754 ; 1756, became a Lord of the Admiralty ; 
1762, Treasurer of the Chamber ; 1765, elected for 
Boxburghshire ; 1767, Keeper of the Signet for Scot- 
land; 1770, Treasurer of the Navy; died at Mar- 
seilles in 1777.* 

IV. Sir Gilbert, Earl of Minto, bom in 1751; 
entered as gentleman commoner at Christ Church, 
Oxford ; after leaving the University, called to the bar 
as a member of Linco] n's Inn. January 1 777, married 
Miss Amyand, eldest daughter of Sir George Amy- 
and, Bart., by whom he had seven children, viz. : — 
Gilbert, his heir, bom 1782 (the present Earl); 
George, bom 1784, Admiral ; Anna Maria, born 
1785, married Sir Bufane Donkin, died 1855 ; John 
Edmund, born 1788, M.P. for Boxburghshire ;^ Har- 
riet, bom 1790, died 1825; William, born 1792, 
died 1811, in the navy ; Catherine, bom 1797, mar- 
ried Sir John Boileau, Bart. He entered Par- 

* He was author of the fine Eong, ** My sheep I neglected, I 
broke my sheep hook," published in the Notes to the Lay of the 
Lcut Mi7utrd.—Ed, 

t Named after Edmund Burke. 


liament in 1776, sitting snccessively for tlie burgh 
of Morpeth, the county of Roxburgh, and the boroughs 
of Berwick and of Helleston. In 1793 he went as 
one of the commissioners with Lord Hood to Toulon. 
In 1794 he became viceroy of Corsica. He was 
raised to the peerage by the title of Baron Minto in 
1797. In 1799 he was appointed minister-pleni- 
potentiary at the court of Vienna, where he remained 
till near the end of 1801. In 1806 he was for a 
short time President of the Board of Control, in the 
administration of Lord Grenville and Mr Fox ; and 
in February 1807 left England to occupy the post 
of Governor-General of India, which he held till 1 814. 
Having been created Earl of Minto and Viscount 
Melgund in 1813, he returned to England in May 
1814, died at Stevenage, on his way to Scotland, 
on the 21st June 1814, and was interred in West- 
minster Abbey. 

XXII. Notices of Remarkable Individuals con- 
nected with the Tovm. 

Sir James Douglas of Drumlawng^ Superior of the 
Burgh of Hawick, 

In the Annals of Hawick will be found several par- 
ticulars relating to this brave baron. He was bom 
in 1498, and flourished during the reigns of King 
James V., Queen Mary, and King James VI. For 
his loyalty to his sovereign, King James V., he was 
forced to sue out a pardon. This was not all, for 
he was accused of treason by his own son-in-law, 
Chartres of Amisfield ; and there being no witnesses 
brought to prove the crime, it was permitted to be 


decided by single combat, which was performed with 
the greatest bravery on both sides in presence of King 
James V. Afterwards, he continued in great fa- 
vour with Queen Mary, and some little time before 
his death, in the eightieth year of his age, he re- 
ceived an exoneration under the Broad Seal, for his 
transactions in his various employments. Notwith- 
standing of his loyalty to Queen Mary, his name 
appears in the rolls as present in Parliament in 
1 66 0, when the Confession of Faith was ratified. This 
would probably be held as virtually exonerating the 
particate men of Hawick from their obligation to 
maintain a lamp burning before the altar in their 
church. By his second wife. Christian Montgomery, 
daughter of John, Master of Eglinton, son and heir 
of Hugh, the first Earl of Eglinton, he had, besides 
other children, a daughter, Janet, who was married 
to William Kerr of Cessford, ancestor of the present 
Duke of Roxburgh, and from this pair sprung Mary 
Kerr, who was married to Sir Walter Scott of Buc- 
cleuch, progenitors of the present Duke of -Buccleuch. 
See Collins's Peerage of England ^ 1714. 

The Family of Gladstanes of Whitlaw^ 8fc, 

** Upon the 14 day of Maii 1646, my father, 
Francis Gladstanes, being of tuentie-ane years of age 
and ane lieutennent, was, with his brother, Captaine 
James Gladstanes, and other nyne sisters, sons of 
Sir William Douglass of Cavers, Shyrifi^ of Teviot- 
dale, killed at the battell of Aulderne, fought ags* 

Although this curious statement is not confirmed 

* From the blank leaf of a Beza Bible, Geneva edition, dated 
1601, belonging to the burgh of Hawick. On being shown this 
entry, Mr Kilgour of the General Register House stated that he 
had ieen the incident noticed in some other record. 


by any tradition or record within ihe knowledge of 
the family at Cavers,* there is no reason to doubt 
its accuracy. The volume in which it occurs has 
evidently, from various genealogical entries, been 
the family Bible of the Gladstanes of Whitlaw.f It 
is also in the handwriting of Walter Gladstanes, son 
of the Lieutenant, who was town-clerk of Hawick 
from 1673 till his death in 1718. Walter Glad- 
stanes was succeeded in the office of town-clerk by 
his son, Walter, the second, which he held till 
his death in 1732. He was succeeded in 1732 
by Mr James Weir, who held the office till his 
death in 1762. Mr Weir was succeeded by Mr 
Jolm Gladstanes, son of Walter the second, and 
Mr Thomas Wintrope, who held the office jointly ; 
but this arrangement having been found inconve- 
nient, and as Mr Gladstanes would not take the 
oaths to Government, J they resigned in 1768, 
and were succeeded by Mr James Weir, son of the 
former Mr Weir, who, after holding the office 
only one month, died, and was succeeded by the 
former clerk, Mr John Gladstanes, who was then 
chosen town-clerk for life, and who seems to have 
been excused from taking the oaths to Government. 
He died in 1783. This Mr John Gladstanes, who 
had two daughters but no son, seems to have been 
the last male of the family settled in Teviotdale. 
He, like his predecessors in office, kept a public- 
house ; and while this practice, which died with him- 
self, subsisted, most of the civic business, as is shown 

* They were gratified, howeTer, to find that their kinsmeB had 
been on the right side, 

t Its history is this : — Having fallen into the hands of Catherine 
Cheyne, long a domestic of the family, it deyolved on her death to 
her nephew, William Smith, cutler in Hawick. By him it was given 
to Mr Andrew Irvine, merchant in Hawick, who presented it to the 

X This was hardly to have been expected from one whose ancestor 
had fallen at Auldeame, when fighting against Montrose. 



bjr the treasurei^s books, appears to have been trans* 
acted in the town-clerk's house over the bottle. 
It is traditionally stated, that John being a pacific 
person, was in the practice of discouraging litigation, 
which he did bj inviting the disputants to his house 
in the evening, when he would arrange their differ- 
ences amicably. It was his custom to put treacle 
into the brandy, then drunk undiluted ; and as this 
stuck to the bottom during the subsequent replenish- 
ments of the stoupf it was alleged that the consumers 
thus got scrimp measure — a manifest aspersion this, 
no doubt. 

The Whitlaw family are understood to have been 
an offshoot from the family of Gladstanes of that ilk ; 
and the extinction in their own locality of the old 
stock may be explained by the following circum- 
stance : — According to tradition the last of the Glad- 
stanes of that ilk had been out in the '45, and was 
among the prisoners to be tried at Carlisle. But 
the judge, on his way thither, asked Douglas of 
Cavers, the sheriff of Teviotdale, who had shown 
himself steady to the Government, if there were any 
persons there whom he was anxious to save. And 
he (probably not unmindful of the mournful inci- 
dent at Auldeame a century before) naming his 
neighbour Gladstanes, the judge took care that his 
name should be forgotten in the list for prosecution, 
so that he got off untried. This circumstance, if 
true, well enough agrees with the total disappear- 
ance of the Gladstanes family, who might think 
that being only overlooked, not pardoned, it was 
safer to be quite unseen and forgotten. At all events, 
their disappearance was so complete, that no one 
claiming property in their buri^-place at Cavers, 
the heritors ventured to pidl it down, so as to enlarge 
the open burial-ground.* 

* Oommimioated by James Douglai, Esq*, yonnger of Cayers. 


Mr Scott Chisholme of Stirches starts the probable 
conjecture that as the Gladstanes Yrere originallj a 
Peeblesshire family, thej might retain the name of 
that ilk after settling in Teviotdale. See Acta Aur 
ditorum^ p. 98, under date 1482. 

Bailie John Hardy, 

Every circumstance relating to Bailie Hardy, fa- 
ther of the manufactures of Hawick, must prove in- 
teresting. The family had been very long settled in 
the town, and they appear always to have been 
ranked among the notables of the place. Mr Hardy 
himself filled the office of magistrate oftener than 
has fallen to the lot of any other individual, for 
which he was well qualified by his shrewdness and 
energy.* Unfortunately, we possess slight know- 
ledge of his family history beyond what is compre- 
hended in the inscription on his tombstone, which 
has been recently renewed, and is in these words : — 

" Here lyes Robert Hardy, leat Bailie in Hawiok, who died 23d 
of December 1718, aged 56 yrs ; as also Margaret Olilyer, his spouse, 

* The bailies of Hawiok have not had the good fortune to secure 
reports of their remarkable decisions. Here, howeyer, is a fra^ 
ment of one of Bailie Hardy's cases. 

The bailie and oomplainer ascend the council-room stair together, 
the Bailie incidentally remarking—*' Captain, ye hae nae chance the 

Captain Hume, Complamer, 
Robin Adair, PaneL 

**-Ba*Se— Weil, Captain, say way." 

" Cot^, — Please your honour, I was sitting at my own fireside 
reading Josephus' Works. No, it was not that, it was the Arabian 
Tales. No, that was not it neither ; I forgot what it was— but it was 

some thing or other. In a moment, that incarnate d Bab comes 

crash against the partition, when you would have thought the whole 
house would be down. Nilly, FaJly, and Tilly immediately ran to 
the door. 

" .SoiZiltf.—- No to stop you, Captain, what gars ye keep sae mony 
dogs aboot the house ? 

*< Copt. — Dogs ! why these names are quite common in the coun- 
try I came from. Bless you, Mr Bailie, these are my childer." (The 
rest wanting.) 


who died the 6th of July 1719, aged 61 ; as also John Hardy, car- 
rier in Hawick, who died 7th of Jun. 1731, a^ed 62, and Isahel 
Aitken, his spouse, who died the 6 of April 1739, aged 53, and two 
of their children. Here lye6 the hody of Janet Elliott, spouse to 
Bailie John Hardy, who died in April 1760, aged 34. Here lyes 
John Hardy, son of Bailie John Hardy, who died 27th May 1782, 
aged 12 years. 

" Here also are interred fifteen more of the children of the said 

*' John Hardie, late Bailie and Merchant in Hawick, who died 
13th October 1800, aged 78 years. 

" Also, Rebecca Swan, spouse to John Hardie, late Bailie in 
Hawick, who died January 1, 1809, aged 68 years." 

John Hardy* was the last male descendant of an 
ancient race, which traced their lineage from Hardi- 
cannte the Dane, King of Denmark and England.f 

The worthy gentleman was naturally of a quick 
temper, and his long tenure of office in a town where 
the old Border martial feeling had not yet altogether 
suhsided, was not calculated to assuage it. It was 
customary in his days for shopkeepers frequently to 
bend over their closed half-doors noting passers-by ; 
and there are persons still living who remember 

* This simame is not mentioned in the Scottish Rolls nor any 
other of our principal records. In the Retours, terminating in 
1700, it occurs only three or four times, from which we may infer 
that it is somewhat rare in Scotland. 

t This claim to a royal origin does not seem to be peculiar to the 
Hardys. Thus, Mr Robert Chambers, in his Tracings of the North 
of Europe, relates that in Norway he found persons in humble life 
counting kindred with the old kings of that country. (Edinburgh 
Journal, 26tA Jamuary 1850.) Thus, too, in the Life of Ebenezer 
Erskine, father of the Secession Church, by Eraser (p. 40), it is 
stated that his great-great-grandmother was daughter of Hariy 
Halcro of that ilk in Orkney, who was a lineal descendant of Hal- 
cro, Prince of Denmark. After all, the claim of the Hardys is pro- 
bably as well-founded as others of the like sort. Thus, in Lid- 
desdale, we meet with Armstrongs, who maintain that they are de- 
scended from the celebrated Jock o' the^Side, and in Canonby others 
of the same name, who point to a still greater person, he of Gil- 
knockie, as their ancestor, although probably neither possess any 
written voucher to support their pretensions. Thus a few centuries 
constitute the only difference between the two. The Hawick war- 
cry favours the family tradition, in so far as it points to the Scandi- 
navian origin of the first settlers. 

. Although nicknames, which also point in a Scandinavian direc- 
tion, were in his time very general, he seems to have escaped : he 
had, however, a brother called " Whether or No." 


having, as (mischievous no doubt) hoys, deemed it 
prudent to make a detour when drawing near the 
Cross, where he resided, in order to escape the re- 
prehension, or, it may be the edge of the staff, of the 
worthy bailie. 

In that brilliant array of renowned names pre- 
sented by our unfailing friend Gawyn Douglas, in 
his Palace of Honour, may be found portraits which 
not inaptly exhibit Bailie Hardy. Thus, one, 

'* Like ane mowar* him alone 
Stude scornand euerie man as they zied by/' 

There is perhaps a nearer approach to reality in 

another, who 

" Stude with mony i^rne and grone 
Spittand and oryand fy." 

Such traits of character, however, do not detract 
from the worth of the bailie, whose name will ever 
be held in honoured remembrance by the citizens of 
Hawick as one of their greatest benefactors. 

Henry Scott. 

This individual, who had the honour of being 
foremost to scale and plant the British standard on 
the walls of Quebec, belonged to an old family in 
Hawick, called (distinctionis cqusa) the Milnport 
Scotts. In his admission, as burgess of Hawick in 
1752, he is designated " merchant and only son of 
George Scott, merchant in Hawick." Most honour- 
able mention of his name occurs in the Encydopa- 
dia Britannica^ article Gape Breton, in the reduc- 
tion of which key to the Ganadas in 1758, he was 
greatly instrumental. See also the same article 
in Brew8ter^3 Sncyeloptedia. He soon attained 
the rank of Major, but did not live long to en- 
joy it, and must have died a young man. He was 



married, but left no issue. The descent on Cape 
Breton is thus narrated in the Percy AT^eedotes : 
" While General Wolfe was busy superintending the 
embarkation of the troops, he ordered Major Scott 
to support a detachment of 100 men, who had been 
sent forward to climb the rocks. The Major pushed 
on with the division under his command ; but his 
own boat arriving before the rest, and being stayed 
to pieces on the rocky shore, he was obliged to land 
and climb the steep himself. He was in hopes that 
the 100 men who had been sent before him were 
engaged by this time with the enemy ; but on ascend- 
ing, he found no more than ten, who had stopped 
short in their career till their comrades should 
join them. Small as this number was, Major Scott 
resolved with them to get to the top of the rocks. 
On reaching the pinnacle, he found Imnself opposed 
by about sixty Frenchmen and ten Indians; and 
before he could establish a footing, two of his men 
were killed and three wounded. Still the brave 
Major would not, even in this extremity, abandon 
a post on which the success of the whole enter- 
prise depended. He desired his five remaining fol- 
lowers not to be dismayed ; and even went so far as 
to threaten that he woidd fire upon the first man that 
flinched. In the meantime he had three balls lodged 
in his clothes, and would have had all the enemy 
upon him at once, had it not been for a copse that 
was between them, and through which he kept them 
at bay. At length some of his detachment joined 
him ; and advancing on the enemy, he drove them 
before him and took possession of the battery ."-«- 
See Anecdotes of Enterprisey vol. iii., p. 96. 

WiUiam TumhuU. 
At Hawick was bom, in 1729, William TumbuU. 


He settled in London and was chosen physician to 
the Eastern Dispensary. Dr Tumbull furnished 
the medical articles for the ^^ Dictionary of Arts and 
ScieneeSf^* published in 1779, by the Eev. Erasmus 
Middleton. — Scott of Newcastleton's Border Ex- 
ploits, p. 207. 

Adam Armstrong. 

This individual was the last comet who, as dux, 
carried the Grammar School colour at the common 
riding. After completing his studies at the Univer- 
sity of Edinburgh, he was, on the recommendation of 
Dr Charters of Wilton, engaged as preceptor in the 
family of the Doctor's cousin, Admiral Greig, whom 
he accompanied to Russia. Having permanently 
settled in that country, he held various important 
ofiSces under the Imperial Government. He mar- 
ried Isabella Lindsay, daughter of Dr Lindsay of 
Jedburgh, a lady whose name will descend to dis- 
tant times as the sweetheart of Bums. After his 
death, the Emperor bestowed pensions on his widow 
(a second wife) and daughters. A union between 
one of these young ladies and the well-known di- 
plomatist. Count Nesselrode, was prevented by re- 
ligious scruples on the part of her father, who was 
a rigid Presbyterian, and indeed had been educated 
for the Scotch Church. His oldest son, Robert 
Lindsay Armstrong, is now director-general of the 
Imperial Mint at St Petersburgh, with the rank of 
general in the Russian service, and a younger son 
holds office under the same government. 

Hobert Armstrong J 

Younger brother of Adam, will be long remem- 
bered in Hawiek, where he was postmaster from 


1809 till his death. Of this gentleman the fol- 
lowing obituary notice appeared in the Kelso Chro^ 
nicle newspaper. ** Mr Robert Armstrong, printer, 
Hawick. In the death of this individaal, which 
occurred on the 7th instant (July 1852) the last 
link which connected the present age with the clos- 
ing quarter of the preceding century may, as regards 
this town, be said to be broken. It was about 
the end of the first American war, that Mr Arm- 
strong entered on his apprenticeship with Dr James 
Wilson of Otterbum, then a surgeon in exten- 
sive practice at Hawick. He subsequently became 
a printer and bookseller on his own account at Haw- 
ick, upwards of fifty years ago. During this pe- 
riod many works of sterling merit issued from his 
press; among which may be named those of Drs 
Somerville and Charters. But it was by the Edin- 
burgh publishers that his press was chiefly engaged, 
his promptitude in the detection of errors, skill in 
punctuation, and careful superintendence of the press, 
giving more than ordinary value to its productions, 
In a professional point of view, it was however un- 
fortunate his having settled in a provincial town 
where the business of publisher is necessarily con- 
ducted under great disadvantages; and if he had 
preferred the metropolis as an arena, there is every 
reason to think that he would have reached the 
summit of his profession. Mr Armstrong, upwards 
of forty years ago, gave the world a proof of his ex- 
quisite literary taste in the Banquet of Euphrost/ne, 
one of the finest collections of songs ever published, 
and which, as regards judicious selection, has pro- 
bably never been surpassed. As an evidence of its 
merit, not more than twelve months ago, be received 
from an Edinburgh publisher an order for fifty 
copies of the book, which, however, had been long out 
of print. Mr Armstrong was a descendant of the 


Armstrongs of Mangerton and Gilknockie, a race 
whose daring exploits in ancient times have been 
embalmed in deathless dirges, the perusal of which 
still affords delight to every cultivated mind. In 
person he was indeed a fine specimen of this very 
interesting Border clan, whose early history may be 
pretty safely stated to be now lost in the abyss of 
time, since so intelligent a clansman knew so little 
concerning them. He was, not many years ago, 
waited upon by an Irish gentleman of the same name, 
who had come over for the express purpose of tra- 
cing the early history of his ancestors, to whom, 
however, it was with regret he could impart little 
that was of any value. The traditional statement 
in this gentleman's family was, that the Armstrongs 
had originally come to Ulster from the Scottish Bor- 
der, in consequence of the plantation scheme of King 
James I.,* or rather, to assign to merit its due, of 
his great chancellor, Lord Bacon ; and it was a cor- 
roborative circumstance that the large property of 
the family there is named Roxberry. Mr Armstrong 
has left no descendants, all his numerous family 
having predeceased him. He was in the 83d year of 
his age." 

These two brothers were grandsons of the Rev. 
Robert Riccalton, minister of Hopekirk. — See 
App. XV. 

[The Armstrong clan were very numerous in Ca- 
nonby and Liddesdale at that time (Henry VIII.). 
Among the places of strength where they resided in 
Canonby, were Gilknockie, Sark, Kinmont, Hall- 
green, Hollis, Mumby hirst, and the Castle of Harelaw. 
Irving Castle, near Langholm, belonged to a family of 
that name, which still flourishes in Annandale. In 

♦ When the province of Ulster was transferred to the Crown by 
Tyrone's rebellion, the lands were distributed among private aa- 
venturers, on condition that tenants should be transplanted thither 
from England or Scotland.— Laing's History of Scotland, iii. 206. 


Liddesdale the Armstrongs possessed Mangerton, 
Whithaugh, Hilles, Puddii^bam, &c.; yet the Elliots- 
were still more numerous in that quarter.] — Border 
Ewploits, by William Scott, Mason in Newcastleton ; 
published at Hawick in 1812. See also before anno 

Rob TinUn. 

The Act of the Town-Council in 1806, which in- 
dicates the change of manners in progress, was pro- 
bably aimed at this individual and his colleague. 

Rob Tinlin belonged to a class now extinct. In 
his earlier years the master and servant sat at the 
same table, and the latter hence acquired an easy 
familiarity with his employer, which has disappeared 
in our times. Bob thus habitually assumed much 
of the air of a magistrate in his dealings with the 
lieges. As an instance of this, at the elections of 
bailies, he used to point out authoritatively the indi- 
vidual in the leet who ought to be preferred. Being 
also parish-beadle, he took his seat immediately in 
front of the pulpit for the purpose of keeping in 
check the minister, who, if a stranger and a tedious 
preacher, was made to understand, by a shake of 
Rob's head, that the congregation were getting wea- 
ried and when this hint was unheeded, Rob would 
bid him in plain terms " hae dune."* 

The last of the feudal regime it is not to be won- 
dered at that he was eminently loyal, but the feeling 
was much strengthened in his case by the circum- 
stance of his having been of the same age with King 

* Here is a specimen of freedom of speech from the ptQpit—the 
period about the Revolution — the parish Minto : *' My friens, be 
thankfu' that Sabbath is upon the day that its on, for had it been a 
Tysday ye wad hae been at Jeddurt, or if a Fursday ye wad Hae 
been at Hawick. My friens, be thankfu' that ye are no orown 
pieces, for if ye had, ye wad a' hae been tossed into Gibbie Elliot's 


George III. In bis days, all those who did not im- 
plicitly approve of the nleasures of Goyernment were 
stigmatized as unsafe persons or blacknebs ; and if 
any such individual dared to utter disloyal words in 
RoVs presence, he was soon found, in the words of 
old Gawyn Douglas — 


On ceremonial, or, as they were termed^ solemn oc- 
casions, a phrase evidently derived from Popish times, 
Rob, dressed in his mulberry-coloured coat, a garb 
which, like the martial air Tery Bus,* has probably 
descended from a remote period, did not neglect the 
duties of his office. He regularly wound up the 
proceedings of the day by the announcement — 
" Hawick for ever, and independent f* 

words jeered at by the bystanders, but which were 
probably a formula handed down by one dempster to 
another, from a period anterior to record, and once 
of much significance. 

Bob was the last functionary who levied yuUfees 
firom the community ; a practice which is believed to 
have been discontinued soon after the commence- 
ment of the present century. He died in 1815. 

Wat Tinlin^ 

Son of the former, is still remembered by many 
persons as an assistant to his father. Sir Walter 
Scott, who seems to have known something of the 

* Thia air and John Pcaenon*i Mare ridetforemott are among the 
few snnriving reminisoenoes of Flodden. The latter was probably the 
maroh to the battle-field, the former the onset. Both airt are rim- 
pie, although not unpleasing, bat they were oertainly siuceptible of 
improYement under the hands of the master of music and John 
Pnngle. Why the mulberry-ooloured eostume, another undoubted 
reminiscence of Flodden, was laid aside in our own times, it is not 
easy to say. The delinquent, whoerer he was, should be adjudged 
to rcTive it 


race, describes tbem as retainers of Buccleuch,* and 
skilful archers during the times of border foray. 
Of Wat's progenitor and namesake, a celebrated 
archer, and also like Wat^ a soutar by profession. Sir 
Walter says— 

« Well they knew 
In vain he never twanged the yew." 

Some traces of the old Border leaven might be de- 
tected in Wat, whose angry word, like his father's, was 
quickly followed by a blow ; his maxim with every 
opponent being, after the fashion of the archer, his 
namesake, to " nail him to de pairpil." 

Wat affirmed that it was his ** forfadder yat fetched 
the flag off Flowden Field." The main fact of a Tin- 
lin being the standard-bearer may be true, but he 
was wrong as to the place of capture, which was on 
Teviot, and the date, which was 1614. 

Robert Rutherford. 

This individual will be long remembered by the 
present generation as a charming performer on the 
violin. Of him the following obituary notice ap- 
peared in the Kelso Chronicle of 24th November 
1843 : — " Died here (Hawick) on Sunday last, aged 
66, Kobert Kutherford, musician. This announce- 
ment will recall to the recollection of many, the de- 
lightful hours they have spent in listening to the ex- 
quisite performances of this admirable violinist. He 
was indeed probably the last of the old school of 
performers in these parts. Without any of the dash- 
ing execution of the race of youngsters who strive to 
dazzle rather than delight, his object was to please, 
and he succeeded to perfection, by maintaining that 
perfectly harmonious and yet inspiriting strain which 
is characteristic of Scottish music. He was in the 

* This is rendered probable from their residence having been at 
the hamlet of Auld Crumheugh, of whioh there are now no remains. 


practice of paying a yearly visit to the opposite side 
of the Border, where his honest face was hailed with 
delight. But no more will the simple swains of 
Tynedale nor the more refined votaries of St Cecilia 
at Minto House, where he was no stranger, rejoice 
in the syren strains of honest Rob's cremona. Rob 
was not merely a skilful musician, but an honest 
man. An instance of his uprightness is worthy of 
mention. Being in the militia service in his earlier 
days, he was ordered to flog a fellow-soldier for some 
offence ; this, however, he refused to do, as the man 
had dune him nae ill. Whether from being a bal- 
loted man, or some other technical reason, Rob 
could not be punished corporally for his refusal, but 
his pay was reduced twopence per day, to which he 
cheerfully submitted, rather than demean himself by 
flogging a brother soldier. Peace to thy ashes, worthy 
Rob ! If the diffiision of innocent pleasure be bene- 
ficial to mankind, you have not lived in vain.'' 

John Howison. 

Robert Rutherford in his youth probably heard 
the performances of his townsman John Howison, a 
celebrated player on the violin, and well-known 
throughout the Border country. At Howison' s 
funeral, a great concourse of persons, whose ears he 
had charmed while in life, assembled to pay this last 
honour to his memory. His father, also no mean 
musician, with Roman fortitude pronounced over his 
grave an eulogium at once simple and noble — 
" Here lies the master of music*"* 

John Pringle, 
Thegrandson and, probably, pupil of the master of 

* A neighbouring laird, incapable of appreciating the grandeur of 
the scene, blurted out—*' And a gude grip o' the grund he has." 


muBiCi was John Pringle, another Havician to whose 
strains some few persons still living have listened. 
Fringle was esteemed a more refined performer than 
his grandfather ; and so great was his fame that a 
veteran musician from a distant part of the country 
paid him a visit, in order that he might in person 
test the Borderer^s skill. Being asked for a specimen, 
the Hawick callant played '< The Humours o' Glen'' 
in such a masterly manner, that the visitor declared 
he would never lift the violin more. It is good evi- 
dence of his skill that he was selected by the late 
Lord Minto to lead his Lordship's band when Gover- 
nor-General of India. He died at Calcutta about 
fifty years ago, it is believed unmarried. 

Both Howison and Pringle were composers, and 
to their genius we owe several melodies still &vourite8 
in Teviotdale. 

Rattling Roaring Willie. 

It would have been a pleasing task to conclude 
the present desultory sketches by connecting these 
modems with an earlier local minstrel, Willie, the 
*' jovial harper" of the Lay of the Last Minstrel, 
and hero of a popular Teviotdale song : — ^the com- 
position of one 

** Wlio, nameless as the race from which he sprung, 
Sav'd other names, and left his own unsung.*' 

This song wiQ be found in the notes to the Lay 
of the Last Minstrel. According to local tradition 
it refers to a tragical case of single combat between 
two brothers, who, having been drinking at New- 
mill, quarreled, then proceeded across the river 
Teviot, and under the walls of Allanhaughpeel, once 
the residence of a Border family named Scott, of 
which the ruins still remain, fought till one fell, 
who was immediately interred on the spot, — 


** Where still the thorns white braoches wave 
Memorial o'er his rival's grave." 

Here is Scott's version of Battling Boaring Wil- 
lie : — 

Now Willie's gane to Jeddart, 

And he is for the Rude day : 
But Stobs and young Falnash, 

They followed him a' the way ; 
They followed him a' the way, 

They sought him up and down. 
In the links of Ousenam water 

They fand him sleeping soun.* 

Stobs lighted aff his horse 

And never a word he spak, 
Till he tied Willie's hands 

Fu' fast behind his baok ; 
Fu' fast behind his back, 

And down beneath his knee, 
And drink will be dear to Willie, 

When sweet milk gars him dee. 

Ah, wae light on ye Stobs ! 

An ill death mot ye dee ! 
Ye're the first and foremost man 

That e'er laid hands on me ; 
That e'er laid hands on me, 

And took my mare me frae ; 
Wae to ye Sir Gilbert Elliot,t 

Ye are my mortal fae It 

* VAsxAnov. 
Our Wmie'8 away to Jeddart, 

To dance on the rood day; 
A sharp sword by his side 

A fiddle to cheer his way, 
The Joyous thairms o' his fiddle, 

Boh Roole he handled rude, 
And Willie lefl; Newmill banks, 

Red wat wi Robin's blude. 

t As the Stobs Baronetcy dates only from 1666, the song is less ancient 
than might have been supposed, U, indeed, the Introduction of the title Is 
not an interpolation. 

J Vaxiation. 
Now may the name of Elliot 

Be cm-sed firae firth to firth ! 
He has fettered the gude right hand 

That keepit the land in mirth ; 
That keepit the land in mirth. 

And charmed maids' hearts frae dool; 
sair wUl they want thee Willie, 
When birks are bare at Yule. 
These variations will be found in Cunningham's edition of Bums, vol iv., 
p. 108. Another, but very poor version, may be seen in the Mdodiea A 
&JO«and collected by Q. Thomson, F.A.&E. Cvola Edinburgh, 188& 


The lasses of Ousenam water 

Are rugs^ng and riving their hair, 
And a' for the sake of Williei 

His beauty was sae fair ; 
His beauty was sae fair. 

And comely for to see, 
And drink will be dear to Willie, 

When sweet milk gars him dee. 

There are other versions, as numerous prohably 
as those of *' Johnny Cope," the song having been a 
general favourite, and the air very fine. 








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